B-175754, JUN 20, 1972

B-175754: Jun 20, 1972

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IT IS IMPOSSIBLE TO PROVE OR DISPROVE HIS RIGHT TO CREDIT OF SICK LEAVE. JOHN HEINICK: THIS REFERS TO YOUR CLAIM FOR RESTORATION OF SICK LEAVE ALLEGED TO HAVE ACCRUED AT THE TIME YOU ENTERED MILITARY SERVICE IN 1942 AND WHICH WAS NOT RESTORED TO YOUR CREDIT UPON REEMPLOYMENT IN THE FEDERAL SERVICE IN FEBRUARY 1946. YOUR CLAIM FOR RESTORATION OF SICK LEAVE WAS DISALLOWED ON THE GROUND THAT THERE WAS NO OFFICIAL RECORDS AVAILABLE TO SUBSTANTIATE YOUR CLAIM. IN REQUESTING RECONSIDERATION OF YOUR CLAIM YOU SUBMITTED COPIES OF ANNUAL AND SICK LEAVE RECORDS WHICH YOU STATE WERE COPIED FROM YOUR OFFICIAL PERSONNEL FILE. WE HAVE BEEN ADVISED BY THE DEFENSE SUPPLY AGENCY THAT THE COPIES OF THE LEAVE RECORDS THAT YOU FURNISHED ARE IN YOUR PERSONNEL FILE.

B-175754, JUN 20, 1972

CIVILIAN EMPLOYEE - RECREDIT OF SICK LEAVE CONCERNING THE CLAIM OF JOHN HEINICK FOR RESTORATION OF SICK LEAVE ALLEGEDLY ACCRUED IN 1942. IN VIEW OF THE LONG DELAY INVOLVED AND THE DESTRUCTION OF CLAIMANT'S LEAVE RECORDS, IT IS IMPOSSIBLE TO PROVE OR DISPROVE HIS RIGHT TO CREDIT OF SICK LEAVE. ACCORDINGLY, THERE EXISTS NO BASIS FOR ALLOWING HIS CLAIM.

TO MR. JOHN HEINICK:

THIS REFERS TO YOUR CLAIM FOR RESTORATION OF SICK LEAVE ALLEGED TO HAVE ACCRUED AT THE TIME YOU ENTERED MILITARY SERVICE IN 1942 AND WHICH WAS NOT RESTORED TO YOUR CREDIT UPON REEMPLOYMENT IN THE FEDERAL SERVICE IN FEBRUARY 1946.

BY OUR OFFICE SETTLEMENT OF APRIL 7, 1972, YOUR CLAIM FOR RESTORATION OF SICK LEAVE WAS DISALLOWED ON THE GROUND THAT THERE WAS NO OFFICIAL RECORDS AVAILABLE TO SUBSTANTIATE YOUR CLAIM. IN REQUESTING RECONSIDERATION OF YOUR CLAIM YOU SUBMITTED COPIES OF ANNUAL AND SICK LEAVE RECORDS WHICH YOU STATE WERE COPIED FROM YOUR OFFICIAL PERSONNEL FILE. WE HAVE BEEN ADVISED BY THE DEFENSE SUPPLY AGENCY THAT THE COPIES OF THE LEAVE RECORDS THAT YOU FURNISHED ARE IN YOUR PERSONNEL FILE. HOWEVER, SUCH RECORDS ARE NOT CERTIFIED BY ANYONE ATTESTING TO THEIR CORRECTNESS OR AUTHENTICITY AND ARE NOT CONSIDERED AS OFFICIAL LEAVE RECORDS. FURTHERMORE, THE COPIES OF THE LEAVE RECORDS FURNISHED REFLECT LEAVE BALANCES (ANNUAL AND SICK) WHICH WE ASSUME WERE TRANSFERRED FROM HEADQUARTERS, SOUTHERN DISTRICT, RICHMOND, VIRGINIA, TO YOUR CREDIT AT HEADQUARTERS, THIRD CORPS AREA, BALTIMORE, MARYLAND, THE PLACE WHERE YOU WERE EMPLOYED ON AND AFTER NOVEMBER 16, 1941. IT IS NOTICED THAT THIS TRANSFER OF LEAVE WOULD HAVE OCCURRED PRIOR TO YOUR ENTERING THE MILITARY SERVICE IN SEPTEMBER 1942. THERE DO NOT APPEAR TO BE ANY RECORDS WHATSOEVER AS TO WHETHER YOU WERE OR WERE NOT RECREDITED WITH THE SICK LEAVE IN THE AGENCY IN WHICH YOU WERE REEMPLOYED IN 1946.

WE POINT OUT THAT THE RECORD FAILS TO DISCLOSE ANY ACTION ON YOUR PART TO OBTAIN THE LEAVE CREDIT UNTIL APPROXIMATELY 25 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, WE HAVE NO ALTERNATIVE BUT TO CONCLUDE THAT NO BASIS EXISTS FOR RECREDITING OF THE LEAVE IN QUESTION.