B-166095, FEB. 26, 1969

B-166095: Feb 26, 1969

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FROM OUR CLAIMS DIVISION CONCERNING YOUR CLAIM FOR 30 DAYS ANNUAL LEAVE WHICH YOU ALLEGE WAS NOT CREDITED TO YOUR LEAVE ACCOUNT UPON TRANSFERRING FROM ENT AIR FORCE BASE. THE LETTER READS AS FOLLOWS: "THE QUESTION IN POINT IS NOT THE LEAVE I TOOK WHILE EMPLOYED AT USAFE (YOUR INCLOSURE ADDED TO INCLOSURES TO MY LETTER OF NOV. 20. A COMPUTER WORKS ON MATERIAL THAT IS PROGRAMMED INTO IT BY A HUMAN OPERATOR. THERE HAS BEEN AN ERROR WHICH WAS NOT CORRECTED BY THE COMPUTER. THERE WOULD NOT HAVE BEEN AN AMOUNT SHOWN TO -TAKE OR LOSE- IF THE MAXIMUM ALLOWABLE ACCRUAL OF 240 HOURS' ANNUAL LEAVE WAS NOT IN EXISTENCE. IT WOULD HAVE BEEN AN IMPOSSIBILITY FOR ME TO HAVE BEEN ON LEAVE THAT LENGTH OF TIME PRIOR TO MY TRANSFER.

B-166095, FEB. 26, 1969

TO MRS. HELEN Y. MAZZERI:

YOUR LETTER OF JANUARY 6, 1969, ACKNOWLEDGES RECEIPT OF A LETTER DATED DECEMBER 20, 1968, FROM OUR CLAIMS DIVISION CONCERNING YOUR CLAIM FOR 30 DAYS ANNUAL LEAVE WHICH YOU ALLEGE WAS NOT CREDITED TO YOUR LEAVE ACCOUNT UPON TRANSFERRING FROM ENT AIR FORCE BASE, COLORADO, TO HEADQUARTERS, USAF, EUROPE.

THE LETTER READS AS FOLLOWS:

"THE QUESTION IN POINT IS NOT THE LEAVE I TOOK WHILE EMPLOYED AT USAFE (YOUR INCLOSURE ADDED TO INCLOSURES TO MY LETTER OF NOV. 20, 1968, SHOWING TIME AND ATTENDANCE RECORDS KEPT BY ENT AFB AT THE TIME OF MY TRANSFER). THE INCLOSURE ADDED BY YOUR ADJUDICATOR-AUTHORIZER (JO R. SESSO) HAS NO BEARING ON THE LEAVE TAKEN PRIOR TO MY TRANSFER AND THE BALANCE TRANSFERRED BY ENT AFB. YOUR INCLOSURE SHOWS THE AMOUNT OF LEAVE ACCRUED AND TAKEN DURING THE TIME OF MY EMPLOYMENT AT USAFE.

"ALSO, YOU LETTER DID NOT EXPLAIN THE PEN AND INK CHANGE TO THE COMPUTER CARD. AS POINTED OUT IN MY LETTER OF NOV. 20, 1968, ONE T AND-A CARD SHOWS A FIGURE CHANGED IN INK BY AN EMPLOYEE IN THE CIVILIAN PAY OFFICE AT ENT, WHEREAS THE BALANCE REMAINED THE SAME. IT STANDS TO REASON THAT 2 PLUS 2 EQUALS 4; HOWEVER, IF ONE CHANGES ONE OF THE 2'S TO A 3 (2 PLUS 3), FOR INSTANCE, THE BALANCE WOULD NOT REMAIN 4. A COMPUTER WORKS ON MATERIAL THAT IS PROGRAMMED INTO IT BY A HUMAN OPERATOR. APPARENTLY, THERE HAS BEEN AN ERROR WHICH WAS NOT CORRECTED BY THE COMPUTER, NOR THE OPERATOR.

"FURTHERMORE, THERE WOULD NOT HAVE BEEN AN AMOUNT SHOWN TO -TAKE OR LOSE- IF THE MAXIMUM ALLOWABLE ACCRUAL OF 240 HOURS' ANNUAL LEAVE WAS NOT IN EXISTENCE. IT WOULD HAVE BEEN AN IMPOSSIBILITY FOR ME TO HAVE BEEN ON LEAVE THAT LENGTH OF TIME PRIOR TO MY TRANSFER, THUS ERADICATING THE 240 HOURS. ONLY THE HOURS ABOVE THE 240 ACCRUED MAXIMUM WERE TRANSFERRED TO USAFE.'

WE HAVE CONSIDERED THIS MATTER VERY CAREFULLY AND HAVE REVIEWED THE ENTIRE RECORD FURNISHED. WITH RESPECT TO YOUR FIRST CONTENTION, WE AGREE THAT THE LEAVE TAKEN BY YOU DURING YOUR EMPLOYMENT AT USAFE HAS NO BEARING ON THE MATTER. HOWEVER, THE REGULAR LEAVE RECORDS SHOW THAT FOR THE LEAVE YEARS 1962 THROUGH 1965 YOUR ANNUAL LEAVE BALANCE NEVER REACHED 240 HOURS. FURTHER, THAT AT THE BEGINNING OF THE 1966 LEAVE YEAR YOU CARRIED OVER 144 HOURS OF ANNUAL LEAVE AND THAT YOU ACCRUED UP TO SEPTEMBER 24, 1966, 148 HOURS COMPRISED OF 18 PAY PERIODS X 8-HOUR ACCRUALS PER PAY PERIOD PLUS A CHANGE OF PAY PERIODS ON JULY 30, 1966, FOR WHICH YOU WERE CREDITED WITH A 4-HOUR ACCRUAL, FOR A TOTAL ACCRUAL OF 148 HOURS. THUS YOUR TOTAL ANNUAL LEAVE CARRIED OVER FROM 1965 PLUS THAT EARNED UP TO SEPTEMBER 24, 1966, WAS 292 HOURS. YOU WERE GRANTED 104 HOURS OF ANNUAL LEAVE DURING SUCH PERIOD LEAVING A BALANCE OF 188 HOURS. ALSO THE RECORDS SHOW YOU ACCUMULATED 56 HOURS -- 7 PAY PERIODS X 8-HOUR ACCRUAL PER PAY PERIOD - FOR THE REMAINDER OF THE LEAVE YEAR WHICH AMOUNT WHEN ADDED TO THE BALANCE OF 188 HOURS TOTALED 244 HOURS. HOWEVER, SINCE YOU HAD TAKEN 93 HOURS DURING THE PERIOD, THE BALANCE AT THE END OF THE 1966 LEAVE YEAR WAS 151 HOURS (244 MINUS 93).

AS TO THE PEN AND INK CHANGE ON THE COMPUTER CARD WE HAVE TO ADVISE THAT THE FIGURE OF 141 HOURS ANNUAL LEAVE TAKEN UNDOUBTEDLY WAS ADMINISTRATIVELY FOUND TO BE AN ERROR AND THE CHANGE REFLECTS MERELY THAT YOU HAD EARNED 48 HOURS OF ANNUAL LEAVE SINCE THE BEGINNING OF THE 1967 LEAVE YEAR TO THE PAY PERIOD ENDING MARCH 25, 1967, A TOTAL OF 6 PAY PERIODS X 8-HOUR ACCRUAL (48 HOURS). FURTHER THE RECORDS SHOW YOU HAD TAKEN THE SAME AMOUNT (48 HOURS) KEEPING THE BALANCE AT 151 HOURS; ALSO THAT YOU WERE GRANTED ANNUAL LEAVE ON MARCH 27, 28, 29 AND 30, 1967, A TOTAL OF 32 HOURS, WHICH REDUCED YOUR BALANCE TO 119 HOURS. THAT WAS THE AMOUNT OF ANNUAL LEAVE TRANSFERRED TO YOUR CREDIT.

OUR EXAMINATION SHOWS THAT AS FAR BACK AS THE 1962 LEAVE YEAR YOU NEVER CARRIED OVER FROM YEAR TO YEAR AN ANNUAL LEAVE BALANCE OF 240 HOURS AS YOU CONTEND. WE ENCLOSE FOR YOUR INFORMATION COPIES OF THE LEAVE RECORDS FROM WHICH WE HAVE TAKEN THE FIGURES SET OUT ABOVE. NOTHING THEREIN INDICATES THAT YOU WERE NOT GIVEN CREDIT FOR THE CORRECT AMOUNT OF ANNUAL LEAVE CARRIED OVER IN SEPTEMBER 1966, WHEN THE LEAVE RECORDS WERE CONVERTED TO A COMPUTER. IT IS EVIDENT FROM THE INFORMATION SET OUT ABOVE THAT THERE IS NO SUPPORT FOR YOUR CONTENTION THAT AN ERROR OF 240 HOURS ANNUAL LEAVE HAS BEEN MADE ADMINISTRATIVELY BECAUSE YOU HAD NEVER REACHED SUCH A BALANCE ON THE DATE YOU TRANSFERRED, I.E., MARCH 30, 1967.

WHILE THE INFORMATION ON THE COMPUTER CARDS WAS NOT CURRENT OR CORRECT IN ALL RESPECTS WE NOTE THAT SUCH CARDS BEGINNING WITH THE 1967 LEAVE YEAR DO REFLECT THE CORRECT BALANCE OF YOUR ANNUAL LEAVE AT THE END OF EACH PAY PERIOD. THIS HAS BEEN VERIFIED FROM YOUR REGULAR LEAVE CARDS.

IT LONG HAS BEEN THE RULE OF THIS OFFICE IN SUCH CIRCUMSTANCES TO ACCEPT THE INFORMATION FURNISHED BY THE ADMINISTRATIVE OFFICE CONCERNED IN THE ABSENCE OF EVIDENCE SUFFICIENT TO OVERCOME A PRESUMPTION OF THE CORRECTION THEREOF. NOTHING FURNISHED BY YOU SERVES TO OVERCOME THE INFORMATION FURNISHED BY THE ADMINISTRATIVE OFFICE.

IN VIEW THEREOF WE MUST CONCLUDE THAT NO BASIS EXISTS UPON THE PRESENT RECORD FOR ALLOWING YOUR CLAIM.