B-175619, MAY 11, 1972

B-175619: May 11, 1972

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MUST CONCLUDE THAT THE CREDITING OF SICK LEAVE IS NOT AUTHORIZED SINCE MR. DURING WHICH TIME THE RECORDS FROM WHICH HIS ENTITLEMENT MIGHT HAVE BEEN DETERMINED WERE DESTROYED. THE INFORMATION AVAILABLE SHOWS THAT YOU WERE INVOLUNTARILY SEPARATED ON MARCH 31. YOU WERE GIVEN A REINSTATEMENT CAREER APPOINTMENT AT KELLY AIR FORCE BASE. YOU WERE NOT RECREDITED WITH THOSE HOURS OF SICK LEAVE AT THE TIME OF YOUR REAPPOINTMENT. STATES THAT IT IS THE POLICY OF THE CIVILIAN PAY SECTION TO CREDIT AN EMPLOYEE WITH LEAVE ENTITLEMENT UPON REEMPLOYMENT WITHIN THE TIME LIMITS WITHOUT THE INDIVIDUAL HAVING TO TAKE ANY STEPS ON HIS PART. LEAVE RECORDS ARE NOT PERMANENT AND IT IS NOW IMPOSSIBLE TO DETERMINE WHETHER THE LEAVE WAS RECREDITED TO YOUR ACCOUNT IN 1955 AND THEN SUBSEQUENTLY USED BETWEEN 1955 AND THE LAST AVAILABLE YEAR'S RECORD.

B-175619, MAY 11, 1972

CIVILIAN EMPLOYEE - RECREDIT OF SICK LEAVE - DELAYED CLAIM DECISION DENYING THE CLAIM OF SOYLO DOMINGUEZ FOR RECREDITING OF SICK LEAVE INCIDENT TO HIS EMPLOYMENT AT KELLY AFB IN 1955. THE COMP. GEN. MUST CONCLUDE THAT THE CREDITING OF SICK LEAVE IS NOT AUTHORIZED SINCE MR. DOMINGUEZ FAILED TO TAKE ANY ACTION ON HIS CLAIM FOR MORE THAN 16 YEARS, DURING WHICH TIME THE RECORDS FROM WHICH HIS ENTITLEMENT MIGHT HAVE BEEN DETERMINED WERE DESTROYED.

TO MR. SOYLO C. DOMINGUEZ:

THIS REFERS TO YOUR CLAIM FOR RECREDITING OF SICK LEAVE INCIDENT TO YOUR APPOINTMENT ON AUGUST 24, 1955, WITH THE DEPARTMENT OF THE AIR FORCE.

THE INFORMATION AVAILABLE SHOWS THAT YOU WERE INVOLUNTARILY SEPARATED ON MARCH 31, 1955, FROM THE SAN ANTONIO GENERAL DEPOT, DEPARTMENT OF THE ARMY, SAN ANTONIO, TEXAS, AND YOU WERE GIVEN A REINSTATEMENT CAREER APPOINTMENT AT KELLY AIR FORCE BASE, TEXAS, EFFECTIVE AUGUST 24, 1955. YOU SAY YOU HAD A BALANCE OF 793 HOURS SICK LEAVE AT THE TIME OF YOUR SEPARATION, MARCH 31, 1955, AND YOU WERE NOT RECREDITED WITH THOSE HOURS OF SICK LEAVE AT THE TIME OF YOUR REAPPOINTMENT, AUGUST 24, 1955.

THE HEADQUARTERS SAN ANTONIO AIR MATERIEL AREA (AFLC), KELLY AIR FORCE BASE, STATES THAT IT IS THE POLICY OF THE CIVILIAN PAY SECTION TO CREDIT AN EMPLOYEE WITH LEAVE ENTITLEMENT UPON REEMPLOYMENT WITHIN THE TIME LIMITS WITHOUT THE INDIVIDUAL HAVING TO TAKE ANY STEPS ON HIS PART. HOWEVER, LEAVE RECORDS ARE NOT PERMANENT AND IT IS NOW IMPOSSIBLE TO DETERMINE WHETHER THE LEAVE WAS RECREDITED TO YOUR ACCOUNT IN 1955 AND THEN SUBSEQUENTLY USED BETWEEN 1955 AND THE LAST AVAILABLE YEAR'S RECORD, 1967. THE ADMINISTRATIVE OFFICE WHERE YOU WERE EMPLOYED AT THE TIME OF YOUR RETIREMENT ON DISABILITY HAS DISALLOWED RECREDITING OF THE SICK LEAVE.

THE RECORD FAILS TO DISCLOSE ANY ACTION ON YOUR PART TO OBTAIN THE LEAVE CREDIT UNTIL MORE THAN 16 YEARS AFTER YOUR RIGHT AROSE AND AFTER THE RECORDS, FROM WHICH YOUR ENTITLEMENT TO THE LEAVE COULD HAVE BEEN DETERMINED, WERE DESTROYED IN ACCORDANCE WITH REGULATIONS ISSUED PURSUANT TO LAW. THE LONG DELAY ON YOUR PART IN PURSUING YOUR CLAIM AND THE DESTRUCTION OF THE RECORDS GIVE RISE TO A SITUATION WHICH MAKES IT IMPOSSIBLE TO PROVE OR DISPROVE YOUR RIGHT TO CREDIT OF SICK LEAVE.

THEREFORE, ON THE RECORD BEFORE US WE HAVE NO RECOURSE OTHER THAN TO AGREE WITH THE ACTION TAKEN BY THE ADMINISTRATIVE OFFICE, NAMELY, THAT THE CREDITING OF THE SICK LEAVE IS NOT AUTHORIZED.