B-175216, MAY 1, 1972

B-175216: May 1, 1972

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WHOSE ACCOUNT WAS CREDITED AND THEN REDUCED BY 256 HOURS AS A RESULT OF AN ADMINISTRATIVE ERROR IN ESTABLISHING HIS SERVICE COMPUTATION DATE. JONES: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 9. WHEREIN YOU REQUEST OUR DECISION AS TO WHETHER OR NOT THERE IS ANY BASIS IN LAW UNDER WHICH YOU MAY RESTORE 256 HOURS OF ANNUAL LEAVE TO MR. WHOSE ACCOUNT OF ANNUAL LEAVE WAS CREDITED AND THEN REDUCED BY 256 HOURS AS A RESULT OF AN ADMINISTRATIVE ERROR WHICH AROSE UNDER THE FOLLOWING CIRCUMSTANCES. PENDING VERIFICATION OF HIS SERVICE COMPUTATION DATE WHICH WAS LATER ESTABLISHED AS DECEMBER 5. A CORRECTED STANDARD FORM 50 WAS ISSUED WHICH CHANGED MR. WILLIAMS IS ENTITLED TO WARTIME RATHER THAN PEACETIME COMPENSATION FOR HIS DISABILITY BENEFITS.

B-175216, MAY 1, 1972

CIVILIAN EMPLOYEE - LOSS OF ANNUAL LEAVE - ADMINISTRATIVE ERROR - REQUEST FOR RECREDIT CONCERNING THE PROPRIETY OF RESTORING ANNUAL LEAVE TO JOHN N. WILLIAMS, AN EMPLOYEE OF THE BUREAU OF MINES, WHOSE ACCOUNT WAS CREDITED AND THEN REDUCED BY 256 HOURS AS A RESULT OF AN ADMINISTRATIVE ERROR IN ESTABLISHING HIS SERVICE COMPUTATION DATE. UNDER THE CIRCUMSTANCES, THERE EXISTS NO BASIS FOR RESTORATION OF THE ANNUAL LEAVE ERRONEOUSLY CREDITED TO MR. WILLIAMS' ACCOUNT.

TO MISS MYLDRED N. JONES:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 9, 1972, WHEREIN YOU REQUEST OUR DECISION AS TO WHETHER OR NOT THERE IS ANY BASIS IN LAW UNDER WHICH YOU MAY RESTORE 256 HOURS OF ANNUAL LEAVE TO MR. JOHN N. WILLIAMS, AN EMPLOYEE OF THE BUREAU OF MINES, WHOSE ACCOUNT OF ANNUAL LEAVE WAS CREDITED AND THEN REDUCED BY 256 HOURS AS A RESULT OF AN ADMINISTRATIVE ERROR WHICH AROSE UNDER THE FOLLOWING CIRCUMSTANCES.

YOU STATE THAT MR. WILLIAMS RECEIVED A CAREER-CONDITIONAL APPOINTMENT RETM WITH THE BUREAU OF MINES ON AUGUST 28, 1966, PENDING VERIFICATION OF HIS SERVICE COMPUTATION DATE WHICH WAS LATER ESTABLISHED AS DECEMBER 5, 1957, ALLOWING FOR CREDITABLE MILITARY SERVICE.

ON NOVEMBER 18, 1966, A CORRECTED STANDARD FORM 50 WAS ISSUED WHICH CHANGED MR. WILLIAMS' SERVICE COMPUTATION DATE TO NOVEMBER 2, 1943, DUE TO A LETTER DATED OCTOBER 26, 1966, FROM THE VETERANS ADMINISTRATION WHICH STATED THAT MR. WILLIAMS IS ENTITLED TO WARTIME RATHER THAN PEACETIME COMPENSATION FOR HIS DISABILITY BENEFITS. THIS LETTER WAS VIEWED AS SUFFICIENT BY THE PERSONNEL OFFICE IN MEETING THE REQUIREMENTS OF FPM SUPPLEMENT 296-31, SUBCHAPTER S210-5E(2), AND ALLOWED MR. WILLIAMS CREDIT FOR HIS ENTIRE PERIOD OF ACTIVE MILITARY SERVICE. THIS RESULTED IN CHANGING THE SERVICE COMPUTATION DATE TO NOVEMBER 2, 1943, AND THEREFORE THE RATE OF ACCRUAL OF ANNUAL LEAVE FROM 6 HOURS TO 8 HOURS PER PAY PERIOD.

IN A SUBSEQUENT REVIEW OF PERSONNEL RECORDS, IT WAS DISCOVERED THAT THE VETERANS ADMINISTRATION WAS NOT THE PROPER AGENCY TO DETERMINE THE NATURE OF AN EMPLOYEE'S RETIREMENT FROM THE UNIFORMED SERVICE AND THAT ACCORDING TO MR. WILLIAMS' RETIREMENT ORDER, AFHQ FORM 0-124 DATED JANUARY 25, 1966, HIS DISABILITY WAS NOT INCURRED AS A RESULT OF ARMED CONFLICT OR INSTRUMENTALITY OF WAR. ON THAT BASIS HIS SERVICE COMPUTATION DATE WAS CHANGED BACK TO DECEMBER 5, 1957, AND HIS ACCRUAL RATE OF ANNUAL LEAVE WAS RETROACTIVELY CHANGED BACK TO 6 HOURS PER PAY PERIOD RESULTING IN HIS ANNUAL LEAVE BALANCE BEING REDUCED BY 256 HOURS.

IN YOUR RECONSTRUCTION OF THE ANNUAL LEAVE RECORD FOR MR. WILLIAMS, WITH DECEMBER 5, 1957 SERVICE COMPUTATION DATE, WE NOTE THAT AT THE END OF EACH LEAVE YEAR HE CARRIED FORWARD A BALANCE OF ANNUAL LEAVE WHICH WAS WITHIN THE ALLOWABLE AMOUNT OF 240 HOURS AND THAT IN NONE OF THE YEARS DID HE USE MORE LEAVE THAN HIS ACCUMULATED LEAVE PLUS THE 160 HOURS OF EARNED LEAVE FOR THE LEAVE YEAR COMPUTED AT THE REDUCED LEAVE EARNING RATE.

YOUR RECONSTRUCTED RECORD SHOWS THAT AS OF DECEMBER 11, 1971, MR. WILLIAMS HAD A NEGATIVE BALANCE OF -04 HOURS. WE NOTE, HOWEVER, THAT THE DATE SHOWN WAS NOT THE END OF THE LEAVE YEAR. ACCORDING TO A LETTER OF RECORD BY THE CHIEF OF PERSONNEL TO MR. WILLIAMS DATED DECEMBER 29, 1971, HE WAS INFORMED THAT IF NO FURTHER ANNUAL LEAVE WAS TAKEN HE WOULD START THE NEW LEAVE YEAR WITH A 2-HOUR ANNUAL LEAVE BALANCE.

UNDER THE CIRCUMSTANCES RELATED, WE SEE NO BASIS FOR RESTORATION OF ANY OF THE 256 HOURS OF ANNUAL LEAVE TO MR. WILLIAMS ERRONEOUSLY CREDITED TO HIS ACCOUNT.