B-157952, NOV. 9, 1965

B-157952: Nov 9, 1965

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THE DENIAL OF YOUR CLAIM WAS BASED ON THE FACT THAT APPLICABLE STATUTES AND REGULATIONS LIMIT THE AMOUNT OF ANNUAL LEAVE WHICH YOUR HUSBAND COULD ACCRUE TO 360 HOURS OR 45 DAYS FOR WHICH YOU HAVE BEEN PAID. WE POINT OUT THAT IN 1951 WHEN THE ANNUAL AND SICK LEAVE ACT WAS PASSED. SECTION 203 (D) OF THAT ACT PROVIDED THAT OVERSEAS EMPLOYEES OF THE FEDERAL GOVERNMENT WERE ENTITLED TO ACCUMULATE ANNUAL LEAVE IN AN AMOUNT NOT TO EXCEED 90 DAYS OR 720 HOURS. IF THIS LAW HAD REMAINED IN EFFECT IT IS POSSIBLE THAT YOUR HUSBAND COULD HAVE ACCRUED UP TO THAT AMOUNT OF ANNUAL LEAVE FOR WHICH YOU WOULD BE ENTITLED TO A LUMP-SUM PAYMENT. IN 1953 THE ABOVE PROVISION WAS AMENDED AND THE AMOUNT OF ANNUAL LEAVE WHICH A PERSON IN YOUR LATE HUSBAND'S CATEGORY (OVERSEAS) COULD ACCRUE WAS DECEASED TO 45 DAYS OR 360 HOURS.

B-157952, NOV. 9, 1965

TO MRS. MARTHA ROHRBAUGH:

YOUR LETTER OF OCTOBER 17, 1965, IN EFFECT, REQUESTS REVIEW OF THE ACTION OF OUR CLAIMS DIVISION DATED OCTOBER 12, 1965, IN DENYING YOUR CLAIM FOR AN ADDITIONAL LUMP-SUM PAYMENT FOR ANNUAL LEAVE ACCRUED BY YOUR LATE HUSBAND AS AN EMPLOYEE OF THE DEPARTMENT OF THE NAVY. THE DENIAL OF YOUR CLAIM WAS BASED ON THE FACT THAT APPLICABLE STATUTES AND REGULATIONS LIMIT THE AMOUNT OF ANNUAL LEAVE WHICH YOUR HUSBAND COULD ACCRUE TO 360 HOURS OR 45 DAYS FOR WHICH YOU HAVE BEEN PAID.

WE POINT OUT THAT IN 1951 WHEN THE ANNUAL AND SICK LEAVE ACT WAS PASSED, SECTION 203 (D) OF THAT ACT PROVIDED THAT OVERSEAS EMPLOYEES OF THE FEDERAL GOVERNMENT WERE ENTITLED TO ACCUMULATE ANNUAL LEAVE IN AN AMOUNT NOT TO EXCEED 90 DAYS OR 720 HOURS. IF THIS LAW HAD REMAINED IN EFFECT IT IS POSSIBLE THAT YOUR HUSBAND COULD HAVE ACCRUED UP TO THAT AMOUNT OF ANNUAL LEAVE FOR WHICH YOU WOULD BE ENTITLED TO A LUMP-SUM PAYMENT. HOWEVER, IN 1953 THE ABOVE PROVISION WAS AMENDED AND THE AMOUNT OF ANNUAL LEAVE WHICH A PERSON IN YOUR LATE HUSBAND'S CATEGORY (OVERSEAS) COULD ACCRUE WAS DECEASED TO 45 DAYS OR 360 HOURS. AFTER AN EMPLOYEE ATTAINS THE LIMIT OF 360 HOURS OF ANNUAL LEAVE ANY FURTHER LEAVE EARNED IS FORFEITED IF NOT USED BY THE BEGINNING OF THE NEXT LEAVE YEAR. PERHAPS THE WORDING OF OUR LETTER OF OCTOBER 12, 1965, TO YOU, WAS NOT AS CLEAR AS IT COULD HAVE BEEN FOR YOU APPARENTLY HAVE CONCLUDED THAT PERSONS SERVING OVERSEAS, SUCH AS YOUR HUSBAND, WERE BEING DISCRIMINATED AGAINST BY NOT BEING PERMITTED TO ACCRUE AS MUCH LEAVE AS PERSONS IN OTHER CATEGORIES. IN FACT, THE CONTRARY IS TRUE. YOUR HUSBAND WAS IN A PREFERRED CATEGORY INASMUCH AS THE STATUTE ALLOWS EMPLOYEES STATIONED IN THE CONTINENTAL UNITED STATES TO ACCUMULATE ONLY 30 DAYS OR 240 HOURS OF ANNUAL LEAVE.

FINALLY, YOU STATE THAT MR. ROHRBAUGH WENT OVERSEAS IN 1949 BUT YOU DO NOT CLAIM THAT HE BEGAN WORK FOR THE FEDERAL GOVERNMENT AT THAT TIME. ACCORDINGLY, SINCE OUR RECORDS INDICATE THAT HE STARTED WORK IN 1954 HE COMES WITHIN THE PROVISIONS OF THE 1953 AMENDMENT AND NOT THE ORIGINAL STATUTE OF 1951. IN THE ABSENCE OF AFFIRMATIVE PROOF ON YOUR PART THAT MR. ROHRBAUGH COMMENCED WORK PRIOR TO 1953 AND HAD ACCRUED ANNUAL LEAVE IN EXCESS OF 360 HOURS, WHICH HE WAS AUTHORIZED TO CARRY WITH HIM TO THE NAVY DEPARTMENT, WE MUST AFFIRM THE DISALLOWANCE OF YOUR CLAIM.

WE ARE ENCLOSING COPIES OF PERTINENT PARTS OF THE ABOVE-MENTIONED STATUTES TO FACILITATE YOUR UNDERSTANDING IN THIS MATTER.