B-181008, MAY 16, 1974

B-181008: May 16, 1974

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THERE IS NO AUTHORITY FOR ADDITIONAL PAYMENT FOR UNUSED LEAVE. WHEN THE MEMBER WAS DISCHARGED. HE WAS PAID FOR 60 DAYS' UNUSED LEAVE. SERGEANT STAFFORD CONTENDS THAT HE WAS UNAWARE THAT HE HAD ACCUMULATED 80 DAYS OF UNUSED LEAVE. THE MEMBER CLAIMS THAT HE WOULD HAVE USED THE EXCESS LEAVE IF HE HAD BEEN AWARE OF THE CORRECT NUMBER OF DAYS OF LEAVE AVAILABLE. SINCE HE WAS NOT AWARE OF THE PROPER AMOUNT OF LEAVE AVAILABLE TO HIM AS A RESULT OF THE NEGLIGENT MANNER IN WHICH HIS LEAVE RECORDS WERE KEPT. SERGEANT STAFFORD CLAIMS THAT HE IS ENTITLED TO PAY FOR THE UNUSED LEAVE WHICH HE LOST. THE STATUTORY AUTHORITY GOVERNING ENTITLEMENT TO AND ACCUMULATION OF LEAVE BY MEMBERS OF THE UNIFORMED SERVICES IS CONTAINED IN 10 U.S.C. 701.