B-156481, MAY 10, 1965

B-156481: May 10, 1965

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WHILE YOU WERE A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE. THE ADMINISTRATIVE GRANT OF SICK LEAVE WHICH INVOLVED A FINDING OF PHYSICAL INCAPACITY WAS PREDICATED UPON FACTS PRESENTED BY YOU. THEREAFTER THAT GRANT WAS REVOCABLE BY THE DEPARTMENT UPON ITS COMING INTO POSSESSION OF OTHER FACTS WHICH LED IT TO CONCLUDE THAT YOU WERE NOT ACTUALLY INCAPACITATED DURING THE ABOVE-DESCRIBED PERIOD FOR THE PERFORMANCE OF THE DUTIES REQUIRED BY YOUR POSITION WITH THE DEPARTMENT. THE GRANT OF LEAVE WAS CANCELLED. THE GRANTING OF SICK LEAVE IN ACCORDANCE WITH THE CONTROLLING REGULATIONS IS AN ADMINISTRATIVE RESPONSIBILITY. THE NATURE OF THE EVIDENCE REQUIRED TO DETERMINE WHETHER AN EMPLOYEE WAS INCAPACITATED MUST OF NECESSITY BE LEFT TO ADMINISTRATIVE DETERMINATION.

B-156481, MAY 10, 1965

TO MR. CHARLES E. LEWIS:

YOUR LETTER OF FEBRUARY 18, 1965, ASKS FOR A REVIEW OF THE DEMAND FOR PAYMENT OF $1,844.87, MADE BY OUR CLAIMS DIVISION BY ITS LETTER TO YOU OF FEBRUARY 3, 1965, ARISING FROM THE ADMINISTRATIVE CANCELLATION OF A GRANT OF SICK LEAVE TO YOU COVERING THE PERIOD OCTOBER 1 THROUGH DECEMBER 22, 1962, WHILE YOU WERE A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE, HOMESTEAD AIR FORCE BASE, FLORIDA.

THE ADMINISTRATIVE GRANT OF SICK LEAVE WHICH INVOLVED A FINDING OF PHYSICAL INCAPACITY WAS PREDICATED UPON FACTS PRESENTED BY YOU. THEREAFTER THAT GRANT WAS REVOCABLE BY THE DEPARTMENT UPON ITS COMING INTO POSSESSION OF OTHER FACTS WHICH LED IT TO CONCLUDE THAT YOU WERE NOT ACTUALLY INCAPACITATED DURING THE ABOVE-DESCRIBED PERIOD FOR THE PERFORMANCE OF THE DUTIES REQUIRED BY YOUR POSITION WITH THE DEPARTMENT. ACCORDINGLY, THE GRANT OF LEAVE WAS CANCELLED.

THE STATUTORY REGULATIONS OF THE UNITED STATES CIVIL SERVICE COMMISSION, PROMULGATED PURSUANT TO THE ANNUAL AND SICK LEAVE ACT OF 1951, 65 STAT. 679, AS AMENDED, 5 U.S.C. 2061 ET SEQ., PROVIDE IN PERTINENT PART AS FOLLOWS:

"B. AGENCY AUTHORITY. (1) ADMINISTRATIVE AUTHORITY. THE GRANTING OF SICK LEAVE IN ACCORDANCE WITH THE CONTROLLING REGULATIONS IS AN ADMINISTRATIVE RESPONSIBILITY. THE NATURE OF THE EVIDENCE REQUIRED TO DETERMINE WHETHER AN EMPLOYEE WAS INCAPACITATED MUST OF NECESSITY BE LEFT TO ADMINISTRATIVE DETERMINATION, BEARING IN MIND THE POSSIBILITY OF ABUSE (23 COMP. GEN. (.'

IN THE LIGHT OF THE ABOVE REGULATION IT IS OBVIOUS THAT THE REVOCATION OF THE GRANT OF SICK LEAVE TO YOU PRIMARILY IS AN AGENCY MATTER WHICH CAN PROPERLY BE REVIEWED BY US ONLY IF IT WAS ARBITRARY, CAPRICIOUS OR CONTRARY TO THE EVIDENCE.

A REVIEW OF THE FACTS BEFORE US LEADS US TO CONCLUDE THE DEPARTMENT'S ACTION IN REVOKING THE GRANT AMPLY IS SUPPORTED BY THE RECORD.

THEREFORE, WE MUST ASK THAT YOU REMIT PAYMENT FOR THIS INDEBTEDNESS AS REQUESTED BY OUR CLAIMS DIVISION LETTER OF FEBRUARY 3, 1965, OR TO ADVISE US OF YOUR INTENTIONS WITHIN 5 DAYS.