B-173689, SEP 22, 1971

B-173689, SEP 22, 1971

CIVILIAN EMPLOYEE - SICK LEAVE RECREDIT ADVISING THAT THE RECORD IS SUFFICIENT TO ESTABLISH THAT HARRY X. BOOSEL, FORMER EMPLOYEE OF THE DEFENSE CONTRACT ADMINISTRATION SERVICES REGION, CHICAGO, MAY BE RECREDITED 640 HOURS OF SICK LEAVE INCIDENT TO HIS RESIGNATION IN 1951. AS FAR BACK AS 1951 AND 1952, CLAIMANT HAS CONTENDED THAT HE HAD 640 HOURS OF SICK LEAVE TO HIS CREDIT AND THIS WAS NOT QUESTIONED AT THAT TIME BY ANY GOVERNMENT OFFICIAL. THEREFORE, RECREDIT MAY BE MADE OF THE 640 HOURS.

TO MR. PAUL L. VAN DE MARK:

THIS REFERS TO YOUR LETTER OF MAY 18, 1971, REFERENCE DCRI-EE, TO OUR REGIONAL MANAGER IN CHICAGO, ILLINOIS, WITH ENCLOSURES, CONCERNING THE RECREDIT OF SICK LEAVE TO MR. HARRY X. BOOSEL, AN EMPLOYEE OF THE DEFENSE CONTRACT ADMINISTRATION SERVICES REGION, CHICAGO. THERE IS A QUESTION AS TO THE NUMBER OF HOURS TO BE RECREDITED.

THE INFORMATION OF RECORD TENDS TO SHOW THAT MR. BOOSEL RESIGNED FROM HIS POSITION WITH THE ALCOHOL TAX UNIT IN CHICAGO ON MONDAY, JANUARY 8, 1951, AND WITHOUT HIS CONSENT IT WAS MADE RETROACTIVE TO FRIDAY, JANUARY 5, 1951. THE LEAVE REGULATIONS ISSUED BY THE CIVIL SERVICE COMMISSION IN EFFECT IN 1951 PROVIDED FOR THE TRANSFER OF ACCRUED SICK LEAVE BETWEEN POSITIONS IF THE SEPARATION FROM ONE POSITION AND REEMPLOYMENT IN ANOTHER POSITION UNDER THE SAME LEAVE SYSTEM OCCURRED WITHIN A PERIOD OF 90 DAYS. THERE ARE LETTERS ON FILE DATED JULY 24, 1951, FROM THE PRESIDENT OF AFGE LODGE NO. 146, AND OF JULY 24, 1951, FROM MR. BOOSEL TO THE CIVIL SERVICE COMMISSION SHOWING THAT UPON BEING REEMPLOYED BY THE DEPARTMENT OF THE AIR FORCE HE HAD REQUESTED RECREDIT OF 640 HOURS OF SICK LEAVE BUT SUCH REQUEST WAS DENIED ON THE GROUND THAT THERE HAD BEEN A BREAK IN SERVICE OF 91 DAYS. THERE IS ALSO ON FILE A LETTER DATED SEPTEMBER 22, 1952, FROM OUR OFFICE TO MR. BOOSEL REFERRING TO 80 DAYS SICK LEAVE AND ADVISING HIM THAT FROM THE MATERIAL SUBMITTED WITH HIS LETTER OF AUGUST 28, 1952, WHICH WAS RETURNED WITH OUR REPLY OF SEPTEMBER 22, IT APPEARED THAT HIS RESIGNATION ON JANUARY 8, 1951, WAS NOT ACCEPTED AS TRNDERED, AND SUGGESTED HE QUESTION THE ADMINISTRATIVE OFFICE AS TO THE LEGAL BASIS FOR MAKING IT RETROACTIVE EFFECTIVE TO JANUARY 5, 1951. THE CIVIL SERVICE COMMISSION HAS SINCE DETERMINED THAT THE RESIGNATION SHOULD HAVE BEEN EFFECTIVE JANUARY 8, 1951, AND THE SICK LEAVE RECREDITED SUBJECT TO VERIFICATION OF THE NUMBER OF HOURS.

IN LETTERS AS FAR BACK AS 1951 AND 1952, MR. BOOSEL HAS CONTENDED THAT HE HAD 640 HOURS OF SICK LEAVE TO HIS CREDIT AT THE TIME OF HIS RESIGNATION. THIS WAS NOT QUESTIONED AT THAT TIME BY ANY GOVERNMENT OFFICIAL. IT IS OUR OPINION THAT THE RECORD IS SUFFICIENT TO ESTABLISH THAT MR. BOOSEL HAD 640 HOURS OF SICK LEAVE AND THEREFORE WE WOULD NOT OBJECT TO THE RECREDIT OF THAT AMOUNT AT THIS TIME.