B-162957, FEB. 15, 1968

B-162957: Feb 15, 1968

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WHICH ARE DISCUSSED IN THE SECOND PARAGRAPH OF THE SETTLEMENT AND ARE DISPUTED BY YOU. WE HAVE THE COPIES OF YOUR PHYSICIAN'S LETTERS DATED JULY 3 AND 22. WE HAVE A COPY OF THE DEPOT'S INDUSTRIAL RELATIONS OFFICER'S LETTER OF JULY 23. ABOUT YOUR RESIGNATION AND CONCERNING THE FACT THAT THERE WERE NO VACANCIES TO WHICH YOU COULD BE REASSIGNED AT THE ARMY DEPOT IN NEW CUMBERLAND. THE RECORD AMPLY SUPPORTS THE CONCLUSION THAT YOUR RESIGNATION WAS NOT INVOLUNTARY. THAT IS. IT WAS NOT BASED UPON ANY COERCIVE ACTIONS OR ERRONEOUS ADMINISTRATIVE ADVICE RESPONDING TO A REQUEST BY YOU ABOUT YOUR LEAVE RIGHTS. WHEN A RESIGNATION IS ADMINISTRATIVELY ACCEPTED IN ACCORDANCE WITH THE TERMS THEREOF.

B-162957, FEB. 15, 1968

LEAVE OF ABSENCE - ANNUAL - FORFEITURE DECISION TO FORMER EMPLOYEE OF NEW CUMBERLAND GENERAL DEPOT SUSTAINING DISALLOWANCE OF CLAIM FOR PAYMENT FOR ANNUAL AND SICK LEAVE FORFEITED UPON RESIGNATION. EMPLOYEE WHO RESIGNED AFTER ACCEPTANCE OF TRANSFER THE RESIGNATION MAY NOT BE CONSIDERED INVOLUNTARY TO RESTORE EMPLOYEE TO ROLLS FOR PURPOSES OF PAYMENT FOR UNUSED ANNUAL AND SICK LEAVE.

TO MR. EDWARD J. BIEROS:

THIS REFERS TO YOUR LETTER OF NOVEMBER 3, 1967, ACKNOWLEDGED NOVEMBER 16, CONCERNING OUR CLAIMS DIVISION'S SETTLEMENT OF OCTOBER 23, 1967, WHICH DISALLOWED YOUR CLAIM FOR PAYMENT FOR ANNUAL AND SICK LEAVE THAT YOU FORFEITED UPON YOUR RESIGNATION ON JULY 8, 1958.

THE RECORD INDICATES THAT YOU RESIGNED ON JULY 8, 1958, RATHER THAN WORK IN THE POSITION AT THE NEW CUMBERLAND GENERAL DEPOT TO WHICH YOU HAD ON MAY 16, 1958, ACCEPTED A TRANSFER TO BE EFFECTIVE JUNE 22, 1958.

REGARDING YOUR PERSONAL PHYSICIAN'S OPINION ABOUT YOUR ALLERGY AND YOUR WORK ASSIGNMENT AND THE ADMINISTRATIVE RECORD OF OFFICIAL FINDINGS IN THAT RESPECT, AND AS TO THE ADVICE GIVEN YOU PRIOR TO YOUR RESIGNATION, WHICH ARE DISCUSSED IN THE SECOND PARAGRAPH OF THE SETTLEMENT AND ARE DISPUTED BY YOU, WE HAVE THE COPIES OF YOUR PHYSICIAN'S LETTERS DATED JULY 3 AND 22, 1958, TO WHICH YOU REFER. ALSO, WE HAVE A COPY OF THE DEPOT'S INDUSTRIAL RELATIONS OFFICER'S LETTER OF JULY 23, 1958, TO YOU, ABOUT YOUR RESIGNATION AND CONCERNING THE FACT THAT THERE WERE NO VACANCIES TO WHICH YOU COULD BE REASSIGNED AT THE ARMY DEPOT IN NEW CUMBERLAND, PENNSYLVANIA.

THE RECORD AMPLY SUPPORTS THE CONCLUSION THAT YOUR RESIGNATION WAS NOT INVOLUNTARY; THAT IS, IT WAS NOT BASED UPON ANY COERCIVE ACTIONS OR ERRONEOUS ADMINISTRATIVE ADVICE RESPONDING TO A REQUEST BY YOU ABOUT YOUR LEAVE RIGHTS.

AS INDICATED IN THE SETTLEMENT OF OCTOBER 23, 1967, WHICH DISALLOWED YOUR CLAIM, WHEN A RESIGNATION IS ADMINISTRATIVELY ACCEPTED IN ACCORDANCE WITH THE TERMS THEREOF, THERE IS NO AUTHORITY FOR RESTORING AN INDIVIDUAL TO THE ROLLS FOR THE PURPOSE OF PAYING HIM FOR ANNUAL AND SICK LEAVE NOT USED ON THE DATE OF SUCH RESIGNATION. ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM MUST BE SUSTAINED.