B-164825, SEPT. 17, 1968

B-164825: Sep 17, 1968

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THE SENTENCE YOU REFER TO READS AS FOLLOWS: "* * * THIS LOSS OF PAY WOULD NOT HAVE OCCURRED IF YOUR REPEATED REQUESTS DURING SEPTEMBER 1961 FOR ADVANCED SICK LEAVE HAD NOT BEEN UNJUSTLY DISAPPROVED.'. YOU ASK WHAT RECOURSE YOU HAVE IN THIS MATTER AND REQUEST THAT ALL PAPERS SUPPORTING YOUR CLAIM BE RETURNED TO YOU. THE RECORD SHOWS THAT YOUR REQUESTS FOR ADVANCED SICK LEAVE WERE DISAPPROVED ADMINISTRATIVELY FOR REASONS DETERMINED PROPER WITHIN THE PRESCRIBED APPLICABLE ADMINISTRATIVE REGULATIONS. WAS MADE BY YOU IN YOUR LETTER OF OCTOBER 9. WAS MERELY RESTATED TO INDICATE WHAT YOU FELT WAS THE BASIS OF YOUR CLAIM. THE DETERMINATION TO GRANT ADVANCES OF SICK LEAVE OR REFUSE SUCH REQUESTS IS EXCLUSIVELY THAT OF THE ADMINISTRATIVE OFFICE CONCERNED.

B-164825, SEPT. 17, 1968

TO MRS. HELEN GIANGIULIO:

YOUR LETTER OF JUNE 24, 1968, INVITES ATTENTION TO THE LAST SENTENCE IN PARAGRAPH 2 OF OUR SETTLEMENT DATED JUNE 11, 1968, DISALLOWING YOUR CLAIM FOR THE VALUE OF THE LOSS OF PAY FOR VARIOUS PERIODS FROM SEPTEMBER 1961 TO JUNE 1963 BY REASON OF THE ADMINISTRATIVE DISAPPROVAL OF YOUR REQUESTS FOR ADVANCED SICK LEAVE AS AN EMPLOYEE OF THE DEPARTMENT OF THE NAVY. THE SENTENCE YOU REFER TO READS AS FOLLOWS:

"* * * THIS LOSS OF PAY WOULD NOT HAVE OCCURRED IF YOUR REPEATED REQUESTS DURING SEPTEMBER 1961 FOR ADVANCED SICK LEAVE HAD NOT BEEN UNJUSTLY DISAPPROVED.'

YOU ASK WHAT RECOURSE YOU HAVE IN THIS MATTER AND REQUEST THAT ALL PAPERS SUPPORTING YOUR CLAIM BE RETURNED TO YOU.

THE RECORD SHOWS THAT YOUR REQUESTS FOR ADVANCED SICK LEAVE WERE DISAPPROVED ADMINISTRATIVELY FOR REASONS DETERMINED PROPER WITHIN THE PRESCRIBED APPLICABLE ADMINISTRATIVE REGULATIONS, POLICY AND PRACTICE IN THIS REGARD. UNDER THE PROVISIONS OF 5 U.S.C. 2063 (C), IN FORCE AND EFFECT DURING THE TIME OF YOUR REQUEST FOR ADVANCES OF SICK LEAVE, NOT TO EXCEED 30 DAYS OF SICK LEAVE COULD BE ADVANCED IN CASES OF SERIOUS DISABILITY OR AILMENTS AND WHEN REQUIRED BY THE EXIGENCIES OF THE SITUATION. THE STATEMENT CONTAINED IN OUR DISALLOWANCE OF JUNE 11, 1968, QUOTED ABOVE, WAS MADE BY YOU IN YOUR LETTER OF OCTOBER 9, 1967, AND WAS MERELY RESTATED TO INDICATE WHAT YOU FELT WAS THE BASIS OF YOUR CLAIM.

THE DETERMINATION TO GRANT ADVANCES OF SICK LEAVE OR REFUSE SUCH REQUESTS IS EXCLUSIVELY THAT OF THE ADMINISTRATIVE OFFICE CONCERNED, AS POINTED OUT IN SUCH DISALLOWANCE. THEREFORE, WE HAVE NO AUTHORITY TO REVIEW THE ADMINISTRATIVE ACTION IN THAT RESPECT. HOWEVER, THE ACTION IN DENYING YOU AN ADVANCE OF SICK LEAVE DOES NOT APPEAR TO HAVE BEEN UNREASONABLE. CONSEQUENTLY WE MUST SUSTAIN DISALLOWANCE OF YOUR CLAIM.

WITH RESPECT TO THE QUESTION OF WHAT RECOURSE YOU NOW MAY HAVE WE INVITE YOUR ATTENTION TO THE PROVISIONS OF 28 U.S.C. 1346 AND 1491, CONCERNING SUITS IN THE UNITED STATES DISTRICT COURTS AND THE UNITED STATES COURT OF CLAIMS.

COPIES OF PAPERS SUPPORTING YOUR CLAIM ARE RETURNED HEREWITH AS REQUESTED.