B-151900, JUL. 19, 1963

B-151900: Jul 19, 1963

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YOUR REQUEST FOR RECONSIDERATION ASSERTS THAT YOUR RESIGNATION WAS NECESSARY DUE TO EXISTING PHYSICAL DISABILITY SUPPORTED BY A MEDICAL CERTIFICATE FURNISHED BY THE DOCTOR WHO ATTENDED YOU PROFESSIONALLY. YOU POINT OUT THAT YOU WERE NOT GIVEN A PHYSICAL EXAMINATION BY THE MEDICAL OFFICER OF YOUR FORMER INSTALLATION SO THAT IT IS INCOMPREHENSIBLE TO YOU HOW HE OFFERED A PROGNOSIS OF YOUR CONDITION DIFFERENT FROM THAT FURNISHED BY YOUR OWN DOCTOR. YOUR CONTENTION IS THAT THE MEDICAL CERTIFICATE FURNISHED BY YOUR DOCTOR SHOULD BE ACCEPTABLE TO THE DEPARTMENT OF THE ARMY. ARE NOT PERTINENT TO YOUR CLAIM. THE ADMINISTRATIVE ACTION TO COLLECT FROM YOU THE SUM OF $800.88 REPRESENTING ADVANCE OF SICK LEAVE WAS TAKEN IN ACCORDANCE WITH THE PROVISIONS OF SECTION 30.206 OF THE ANNUAL AND SICK LEAVE REGULATIONS.

B-151900, JUL. 19, 1963

TO MR. WILLIAM S. MCKENZIE, PURCHASING DIVISION, U.S. ARMY ENGINEER PROCUREMENT OFFICE:

YOUR LETTER OF JUNE 12, 1963, ASKS THAT WE RECONSIDER OUR SETTLEMENT OF MAY 23, 1963, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF THE $800.88 COLLECTED FROM YOU UPON YOUR RESIGNATION MARCH 10, 1961. COVERING AN ADVANCE OF SICK LEAVE.

YOUR REQUEST FOR RECONSIDERATION ASSERTS THAT YOUR RESIGNATION WAS NECESSARY DUE TO EXISTING PHYSICAL DISABILITY SUPPORTED BY A MEDICAL CERTIFICATE FURNISHED BY THE DOCTOR WHO ATTENDED YOU PROFESSIONALLY. FURTHER, YOU POINT OUT THAT YOU WERE NOT GIVEN A PHYSICAL EXAMINATION BY THE MEDICAL OFFICER OF YOUR FORMER INSTALLATION SO THAT IT IS INCOMPREHENSIBLE TO YOU HOW HE OFFERED A PROGNOSIS OF YOUR CONDITION DIFFERENT FROM THAT FURNISHED BY YOUR OWN DOCTOR. YOUR CONTENTION IS THAT THE MEDICAL CERTIFICATE FURNISHED BY YOUR DOCTOR SHOULD BE ACCEPTABLE TO THE DEPARTMENT OF THE ARMY. IN ADDITION, YOU POINT OUT THAT ANY AND ALL OTHER CONSIDERATIONS MADE BY THE ARMY, SUCH AS YOUR RETURN TO WORK (IN PRIVATE INDUSTRY) ON MAY 5, 1961, AFTER YOUR RESIGNATION, ETC., ARE NOT PERTINENT TO YOUR CLAIM.

THE ADMINISTRATIVE ACTION TO COLLECT FROM YOU THE SUM OF $800.88 REPRESENTING ADVANCE OF SICK LEAVE WAS TAKEN IN ACCORDANCE WITH THE PROVISIONS OF SECTION 30.206 OF THE ANNUAL AND SICK LEAVE REGULATIONS, FEDERAL PERSONNEL MANUAL, PAGE Z1-354, WHICH READS, IN PERTINENT PART, AS FOLLOWS:

"IN CASE OF THE SEPARATION OF AN EMPLOYEE WHO IS INDEBTED FOR UNEARNED LEAVE, THE EMPLOYEE SHALL REFUND THE AMOUNT PAID HIM FOR THE PERIOD OF SUCH EXCESS, OR DEDUCTION THEREFOR SHALL BE MADE FROM ANY SALARY DUE HIM. THIS SECTION SHALL NOT APPLY IN CASES OF DEATH, RETIREMENT FOR DISABILITY, OR IN CASE AN EMPLOYEE, IS UNABLE TO RETURN TO DUTY BECAUSE OF DISABILITY, EVIDENCE OF WHICH SHALL BE SUPPORTED BE AN ACCEPTABLE MEDICAL CERTIFICATE:

IN OUR DECISION B-144189, OCTOBER 24, 1960, CONCERNING THE ACCEPTABILITY OF A MEDICAL CERTIFICATE, UNDER THE ABOVE-QUOTED SECTION, WE HELD THAT SUCH ACCEPTABILITY IS A MATTER FOR ADMINISTRATIVE CONSIDERATION AND DETERMINATION AND THAT THERE IS NO BASIS UPON WHICH OUR OFFICE MAY SUBSTITUTE ITS JUDGMENT FOR THAT OF ADMINISTRATIVE OFFICIALS HAVING KNOWLEDGE OF THE FACTS.

WE DO NOT VIEW THE ADMINISTRATIVE ACTION TAKEN IN YOUR CASE AS ARBITRARY. THEREFORE, NO BASIS EXISTS, UPON THE PRESENT RECORD, FOR ALLOWANCE OF YOUR CLAIM. THE SETTLEMENT OF MAY 23, 1963, MUST BE SUSTAINED.