B-152908, DEC. 17, 1963

B-152908: Dec 17, 1963

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

YOU REQUESTED REVIEW OF OUR OFFICE SETTLEMENT OF JULY 26 BY WHICH YOU WERE PAID COMPENSATION FOR MILITARY LEAVE INCIDENT TO YOUR ABSENCE FROM EMPLOYMENT WITH THE VETERANS ADMINISTRATION ON ACTIVE DUTY WITH THE ARMY BETWEEN OCTOBER 13. WERE PAID FOR THAT DAY AS A MILITARY OFFICER. YOU WERE CHARGED 2 HOURS ANNUAL LEAVE FOR THE REMAINING WORK HOURS. THE PAYMENT OF COMPENSATION FOR CIVILIAN SERVICE IS INCOMPATIBLE WITH ACTIVE MILITARY SERVICE EXCEPT WHERE AUTHORIZED IN CONNECTION WITH THE GRANT OF LEAVE. 37 COMP. SINCE YOU WERE LEGALLY ON ACTIVE DUTY IN THE ARMY FOR THE WHOLE DAY OF OCTOBER 13. WHEN THE MATTER WAS ADJUSTED BY OUR SETTLEMENT OF JULY 26 YOU WERE CHARGED MILITARY LEAVE FOR OCTOBER 13.

B-152908, DEC. 17, 1963

TO MR. ROBERT A LARRABEE:

ON OCTOBER 30, 1963, YOU REQUESTED REVIEW OF OUR OFFICE SETTLEMENT OF JULY 26 BY WHICH YOU WERE PAID COMPENSATION FOR MILITARY LEAVE INCIDENT TO YOUR ABSENCE FROM EMPLOYMENT WITH THE VETERANS ADMINISTRATION ON ACTIVE DUTY WITH THE ARMY BETWEEN OCTOBER 13, 1961, AND AUGUST 9, 1962.

YOU ENTERED ACTIVE MILITARY DUTY ON OCTOBER 13, 1961, A FRIDAY, AND WERE PAID FOR THAT DAY AS A MILITARY OFFICER. IT APPEARS THAT YOU WORKED IN YOUR CIVILIAN POSITION FOR 6 HOURS ON THAT DAY BEFORE DEPARTING PURSUANT TO YOUR MILITARY ORDERS. YOU WERE CHARGED 2 HOURS ANNUAL LEAVE FOR THE REMAINING WORK HOURS, BUT RECEIVED CIVILIAN COMPENSATION WITHOUT CHARGE TO LEAVE FOR THE 6 HOURS YOU WORKED. THE PAYMENT OF COMPENSATION FOR CIVILIAN SERVICE IS INCOMPATIBLE WITH ACTIVE MILITARY SERVICE EXCEPT WHERE AUTHORIZED IN CONNECTION WITH THE GRANT OF LEAVE. 37 COMP. GEN. 255. ALSO, THE RECORD INDICATES YOU RECEIVED A LUMP-SUM PAYMENT FOR YOUR ANNUAL LEAVE. THUS, SINCE YOU WERE LEGALLY ON ACTIVE DUTY IN THE ARMY FOR THE WHOLE DAY OF OCTOBER 13, 1961, YOU MUST BE CHARGED EITHER ANNUAL OR MILITARY LEAVE FOR THAT DAY. WHEN THE MATTER WAS ADJUSTED BY OUR SETTLEMENT OF JULY 26 YOU WERE CHARGED MILITARY LEAVE FOR OCTOBER 13, 1961. HOWEVER, IN EITHER CASE THE NONWORKDAYS, SATURDAY AND SUNDAY, OCTOBER 14 AND 15, ARE FOR CHARGING TO MILITARY LEAVE UNDER OUR DECISION OF JANUARY 7, 1960, B 141593, COPY ENCLOSED. BY OUR SETTLEMENT OF JULY 26 WE CHARGED YOU MILITARY LEAVE FOR OCTOBER 14 AND 15 (ALSO OCTOBER 13 AS INDICATED ABOVE); ALLOWED YOU CREDIT FOR THE CIVILIAN COMPENSATION PAID FOR FRIDAY, OCTOBER 13, AND MADE AN ADJUSTMENT FOR THE ANNUAL LEAVE PREVIOUSLY CHARGED YOU FOR 2 HOURS ON THAT DAY. THAT SETTLEMENT WAS CORRECT AS TO THOSE ADJUSTMENTS.

REGARDING THE 12 DAYS MILITARY LEAVE GRANTED YOU IN 1962 PRIOR TO YOUR RELEASE FROM ACTIVE DUTY ON AUGUST 10, WE NOTE FROM OUR SETTLEMENT OF JULY 26 THAT THE PERIOD COVERED BY THAT LEAVE--- JULY 27 THROUGH AUGUST 7--- INCLUDED ONLY 8 WORKDAYS RESULTING IN YOUR RECEIVING ONLY 8 DAYS PAY INCIDENT TO THAT LEAVE. SINCE THE DESIGNATION OF THESE DAYS FOR MILITARY LEAVE APPEARS TO HAVE RESULTED FROM A MISUNDERSTANDING BETWEEN OUR OFFICE AND THE VETERANS ADMINISTRATION WE ARE TODAY DIRECTING OUR CLAIMS DIVISION TO ISSUE SETTLEMENT TO YOU FOR THE ADDITIONAL COMPENSATION WHICH WOULD RESULT FROM THE SELECTION OF THE 12-DAY PERIOD JULY 23 THROUGH AUGUST 3 AS YOUR PERIOD OF MILITARY LEAVE. SINCE 10 WORKDAYS ARE INCLUDED IN THAT 12- DAY PERIOD YOU WILL BE PAID AN ADDITIONAL 2 DAYS COMPENSATION.