B-180928, APR 7, 1975

B-180928: Apr 7, 1975

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SETTLEMENT WHICH DISALLOWED CLAIM FOR RECREDIT OF SICK AND ANNUAL LEAVE WHICH WAS DEDUCTED UPON DISCOVERY THAT EMPLOYEE'S OFFICIAL LEAVE RECORD INDICATED THAT THIS LEAVE HAD BEEN USED BUT THROUGH ERROR HAD NOT BEEN DEDUCTED FROM HER LEAVE BALANCE IS SUSTAINED SINCE NO EVIDENCE IS SUBMITTED TO SHOW THAT EMPLOYEE DID NOT USE LEAVE ERRONEOUSLY NOT DEDUCTED FROM HER ACCOUNT. JACOBY FOR RECREDIT OF ANNUAL AND SICK LEAVE WHICH WAS DEDUCTED UPON DISCOVERY OF AN ERROR IN HER LEAVE ACCOUNT. JACOBY USED 8 HOURS OF ANNUAL LEAVE THAT WAS NOT DEDUCTED ON THE SERVICE CARD FROM THE ANNUAL LEAVE BALANCE. JACOBY USED 24 HOURS OF SICK LEAVE WHICH WAS NOT DEDUCTED FROM HER SICK LEAVE BALANCE. THE ERROR WAS NOT DISCOVERED UNTIL 1973 AT WHICH TIME MRS.

B-180928, APR 7, 1975

SETTLEMENT WHICH DISALLOWED CLAIM FOR RECREDIT OF SICK AND ANNUAL LEAVE WHICH WAS DEDUCTED UPON DISCOVERY THAT EMPLOYEE'S OFFICIAL LEAVE RECORD INDICATED THAT THIS LEAVE HAD BEEN USED BUT THROUGH ERROR HAD NOT BEEN DEDUCTED FROM HER LEAVE BALANCE IS SUSTAINED SINCE NO EVIDENCE IS SUBMITTED TO SHOW THAT EMPLOYEE DID NOT USE LEAVE ERRONEOUSLY NOT DEDUCTED FROM HER ACCOUNT.

FRANCES P. JACOBY - RECREDIT OF LEAVE:

THIS MATTER CONCERNS A REQUEST FOR RECONSIDERATION OF OUR OFFICE SETTLEMENT OF AUGUST 6, 1973, WHICH DISALLOWED A CLAIM ON BEHALF OF MRS. FRANCES P. JACOBY FOR RECREDIT OF ANNUAL AND SICK LEAVE WHICH WAS DEDUCTED UPON DISCOVERY OF AN ERROR IN HER LEAVE ACCOUNT.

THE 1969 SERVICE CARD (NAVCOMPT FORM 206), MAINTAINED BY THE AGENCY FOR EACH EMPLOYEE AS THE OFFICIAL LEAVE RECORD FOR EACH YEAR, INDICATES THAT ON MARCH 28, 1969, MRS. JACOBY USED 8 HOURS OF ANNUAL LEAVE THAT WAS NOT DEDUCTED ON THE SERVICE CARD FROM THE ANNUAL LEAVE BALANCE. THE 1969 SERVICE CARD ALSO INDICATES THAT ON JUNE 17, 18 AND 20, 1969, MRS. JACOBY USED 24 HOURS OF SICK LEAVE WHICH WAS NOT DEDUCTED FROM HER SICK LEAVE BALANCE. THE FORM 206 ITSELF INDICATES THAT THE MISTAKE OCCURRED BY REASON OF THE ADMINISTRATIVE OFFICE'S ERROR IN FAILING TO DEDUCT THE ABOVE LEAVE FROM MRS. JACOBY'S BALANCE. HOWEVER, THE ERROR WAS NOT DISCOVERED UNTIL 1973 AT WHICH TIME MRS. JACOBY'S LEAVE ACCOUNT WAS CORRECTED TO SHOW HER ANNUAL LEAVE BEGINNING BALANCE FOR 1973 AS 38 HOURS INSTEAD OF 46 HOURS, AND HER SICK LEAVE BEGINNING BALANCE FOR 1973 AS 88 HOURS INSTEAD OF 112 HOURS.

THE CLAIM FOR RECREDITING THE ANNUAL AND SICK LEAVE WAS DISALLOWED BY THE SETTLEMENT OF AUGUST 6, 1973, ON THE GROUND THAT SINCE THE RECORD SHOWS THAT MRS. JACOBY HAD LEAVE TO HER CREDIT AND RECEIVED PAY FOR THOSE HOURS OF LEAVE USED, THERE IS NO LEGAL BASIS FOR ADJUSTMENT OF THE LEAVE BALANCE. THE ATTORNEY FOR MRS. JACOBY CONTENDS THAT IT IS UNFAIR TO CHARGE HER WITH THE 32 HOURS OF LEAVE ON THE BASIS OF THE FORM 206 INFORMATION SINCE THE BIWEEKLY TIME AND ATTENDANCE CARDS (FORM 911A) HAVE BEEN DESTROYED AND MRS. JACOBY HAS NO KNOWLEDGE OF USING THE 32 HOURS.

THE SUPPORTING RECORD OF THE BIWEEKLY TIME AND ATTENDANCE (NAVCOMPT FORM 911A) WAS DESTROYED BY THE AGENCY IN ACCORDANCE WITH THE PROCEDURES OF THE DEPARTMENT OF THE NAVY. HOWEVER, FORM 206 WHICH IS THE OFFICIAL LEAVE RECORD IS AVAILABLE. THIS FORM WHICH CONTAINS SPACES FOR A DAY-BY-DAY RECORD OF EACH TYPE OF ABSENCE INCLUDING ANNUAL AND SICK LEAVE CLEARLY INDICATES THAT MRS. JACOBY USED 8 HOURS OF ANNUAL LEAVE ON MARCH 28, 1969, AND 24 HOURS OF SICK LEAVE ON JUNE 17, 18 AND 20, 1969. THE ERROR OCCURRED ON FORM 206 ON THE SPACE PROVIDED FOR RECAPPING AND POSTING OF LEAVE ACCRUALS AND BALANCES BY FAILING TO DEDUCT THE 32 HOURS FROM MRS. JACOBY'S LEAVE BALANCE. WHILE IT IS REGRETTABLE THAT THE ERROR WAS NOT DISCOVERED SOONER, IN THE ABSENCE OF ANY EVIDENCE TO THE CONTRARY, WE MUST CONCLUDE THAT THE 32 HOURS IN QUESTION WERE USED BY MRS. JACOBY AND THAT THE CORRECTION OF HER LEAVE RECORD UPON THE DISCOVERY OF THE ERROR IS REQUIRED. B-171092, DECEMBER 1, 1970.

ACCORDINGLY, WE FIND NO BASIS FOR THE ALLOWANCE OF MRS. JACOBY'S CLAIM AND THEREFORE OUR SETTLEMENT OF AUGUST 6, 1973, IS SUSTAINED.