B-152497, OCT. 11, 1963

B-152497: Oct 11, 1963

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IT WAS UNDERSTOOD THAT YOU WERE THEN SEPARATED FROM THE SERVICE AND WERE REQUESTING A LUMP-SUM PAYMENT FOR EARNED LEAVE NOT GRANTED IN KIND. SINCE YOUR SUPPOSED SEPARATION DATE WAS PRIOR TO THE ENACTMENT OF THE STATUTE AUTHORIZING LUMP-SUM PAYMENTS FOR LEAVE. YOUR CLAIM WAS DISALLOWED. THE RECORD NOW ESTABLISHES THAT YOU HAVE BEEN EMPLOYED CONTINUOUSLY SINCE APRIL 29. IF IT OTHERWISE IS AUTHORIZED BY LAW. TO ASCERTAIN WHETHER THE CREDIT NOW IS AUTHORIZED. IT IS NECESSARY TO RECONSTRUCT YOUR ENTIRE LEAVE ACCOUNT SINCE 1942 TO DETERMINE WHETHER SUCH A CREDIT WOULD HAVE CAUSED AT ANY TIME DURING THE PERIOD SINCE 1942. THE DEPARTMENT OF THE ARMY HAS REPORTED THAT YOUR LEAVE RECORDS FOR YEARS PRIOR TO 1958 HAVE BEEN DESTROYED AS AUTHORIZED BY LAW.

B-152497, OCT. 11, 1963

TO MR. SATURNINO TOMAS:

WE REFER TO LETTER OF JULY 22, 1962, AND SUBSEQUENT CORRESPONDENCE WRITTEN ON YOUR BEHALF BY LODGE 1998, INTERNATIONAL ASSOCIATION OF MACHINISTS, REQUESTING FURTHER CONSIDERATION OF GENERAL ACCOUNTING OFFICE SETTLEMENT OF AUGUST 15, 1950, WHICH DISALLOWED YOUR CLAIM FOR ADJUSTMENT OF LEAVE EARNED DURING 1942 AND 1943.

YOUR ORIGINAL CLAIM DATED AUGUST 23, 1948, REQUESTED PAYMENT FOR 105 1/2 HOURS LEAVE. SINCE BOTH YOUR CLAIM AND THE ADMINISTRATIVE REPORT THEREON REFERRED ONLY TO A PERIOD OF EMPLOYMENT FROM APRIL 29, 1942, THROUGH OCTOBER 31, 1943, IT WAS UNDERSTOOD THAT YOU WERE THEN SEPARATED FROM THE SERVICE AND WERE REQUESTING A LUMP-SUM PAYMENT FOR EARNED LEAVE NOT GRANTED IN KIND. SINCE YOUR SUPPOSED SEPARATION DATE WAS PRIOR TO THE ENACTMENT OF THE STATUTE AUTHORIZING LUMP-SUM PAYMENTS FOR LEAVE, YOUR CLAIM WAS DISALLOWED.

THE RECORD NOW ESTABLISHES THAT YOU HAVE BEEN EMPLOYED CONTINUOUSLY SINCE APRIL 29, 1942, AND, IF IT OTHERWISE IS AUTHORIZED BY LAW, YOU WOULD BE ENTITLED TO A CREDIT TO YOUR LEAVE ACCOUNT FOR THE HOURS IN QUESTION. HOWEVER, TO ASCERTAIN WHETHER THE CREDIT NOW IS AUTHORIZED, IT IS NECESSARY TO RECONSTRUCT YOUR ENTIRE LEAVE ACCOUNT SINCE 1942 TO DETERMINE WHETHER SUCH A CREDIT WOULD HAVE CAUSED AT ANY TIME DURING THE PERIOD SINCE 1942, THE STATUTORY LIMIT ON ANNUAL LEAVE ACCUMULATIONS TO BE EXCEEDED.

THE DEPARTMENT OF THE ARMY HAS REPORTED THAT YOUR LEAVE RECORDS FOR YEARS PRIOR TO 1958 HAVE BEEN DESTROYED AS AUTHORIZED BY LAW. THUS, IT NO LONGER IS POSSIBLE FOR US TO DETERMINE WHETHER THE RECREDIT LAWFULLY MAY BE AUTHORIZED.

IN YOUR ORIGINAL CLAIM YOU REFERRED TO OUR DECISION OF NOVEMBER 15, 1946, B-61290, AS AUTHORITY FOR YOUR CLAIM. A REVIEW OF THAT DECISION FAILS TO SHOW THAT IT IS APPLICABLE TO YOUR CASE TO THE EXTENT THAT IT WOULD IN ANY WAY HAVE AFFECTED THE EARLIER PROSECUTION OF YOUR CLAIM. HOWEVER, THAT MAY BE, IT IS NOT UNDERSTOOD WHY, UPON RECEIPT OF GENERAL ACCOUNTING OFFICE SETTLEMENT OF AUGUST 15, 1950, WHICH TO YOUR KNOWLEDGE CLEARLY WAS BASED ON AN ERRONEOUS ASSUMPTION OF FACT, YOU DID NOT SOONER ASK FOR A REVIEW OF THAT SETTLEMENT. BECAUSE OF YOUR LONG DELAY IN PROSECUTING YOUR CLAIM WE CANNOT BUT CONCLUDE THAT YOU ARE NOT ENTIRELY FREE OF A CHARGE OF LACHES AND THAT YOU ARE RESPONSIBLE TO A LARGE DEGREE FOR THE PRESENT SITUATION CONCERNING THE UNAVAILABILITY OF OFFICIAL LEAVE RECORDS.

THEREFORE, ON THE RECORD BEFORE US WE HAVE NO RECOURSE OTHER THAN TO SUSTAIN AT LEAST THE CONCLUSION REACHED IN THE SETTLEMENT OF AUGUST 15, 1950, THAT ALLOWANCE OF YOUR CLAIM FOR LEAVE RECREDIT MAY NOT BE AUTHORIZED.

HOWEVER, SHOULD YOU HAVE MAINTAINED PERSONAL LEAVE RECORDS COVERING THE YEARS OF YOUR FEDERAL EMPLOYMENT AND SHOULD YOU SUBMIT THEM TO OUR OFFICE WE SHALL BE GLAD TO FURTHER CONSIDER YOUR CLAIM.