B-99549, NOV. 1, 1957

B-99549: Nov 1, 1957

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CONCERNING YOUR REQUEST FOR RECONSIDERATION OF YOUR CLAIM FOR RECREDIT OF ANNUAL LEAVE YOU WERE REQUIRED TO USE DURING THE PERIOD JULY 1 TO OCTOBER 19. YOU WERE CARRIED IN AN ANNUAL LEAVE STATUS FROM JULY 1 TO OCTOBER 19. FOR WHICH YOU WERE COMPENSATED. YOU WERE RESTORED TO AN ACTIVE DUTY STATUS ON DECEMBER 15. WHEREIN WE HELD THAT AN EMPLOYEE WHO IS REINSTATED OR RESTORED TO DUTY ON THE GROUND THAT HIS DISCHARGE. OR FURLOUGH WAS UNJUSTIFIED OR UNWARRANTED. IS ENTITLED TO HAVE RECREDITED THE AMOUNT OF ANNUAL LEAVE HE WAS REQUIRED TO TAKE SUBJECT TO THE MAXIMUM ACCUMULATION RESTRICTIONS OF THE APPLICABLE LEAVE STATUTES. ARE NO LONGER CONTROLLING INSOFAR AS THEY NEGATIVE A RECREDITING OF YOUR LEAVE ACCOUNT.

B-99549, NOV. 1, 1957

TO MR. SIDNEY CHAIT:

ON SEPTEMBER 24, 1957, THE GENERAL SERVICES ADMINISTRATION (FILE CAC CLAIM OF SIDNEY CHAIT, CLAIM NO. 193-50) FORWARDED TO US YOUR LETTER OF AUGUST 26, 1957, CONCERNING YOUR REQUEST FOR RECONSIDERATION OF YOUR CLAIM FOR RECREDIT OF ANNUAL LEAVE YOU WERE REQUIRED TO USE DURING THE PERIOD JULY 1 TO OCTOBER 19, 1949, AS THE RESULT OF A REDUCTION IN FORCE ACTION INITIATED BY THE WAR ASSETS ADMINISTRATION, NEW YORK, NEW YORK.

THE RECORD SHOWS THAT BY REDUCTION IN FORCE NOTICE ISSUED ON OR ABOUT JUNE 15, 1949, EFFECTIVE JUNE 30, 1949, THE WAR ASSETS ADMINISTRATION CONTEMPLATED SEPARATING YOU FROM THE POSITION OF ACCOUNTING CLERK CAF-5. YOU APPEALED THAT ACTION TO THE UNITED STATES CIVIL SERVICE COMMISSION AND THAT AGENCY FOUND THAT YOU HAD NOT BEEN GIVEN 30 DAYS NOTICE PRIOR TO JUNE 30, 1949, AS REQUIRED BY LAW, AND THAT, THEREFORE, YOU BECAME ENTITLED ON JULY 1, 1949, TO ALL RIGHTS ENJOYED BY ANY OTHER WAR ASSETS ADMINISTRATION EMPLOYEE TRANSFERRED TO THE GENERAL SERVICES ADMINISTRATION ON THAT DATE. YOU WERE CARRIED IN AN ANNUAL LEAVE STATUS FROM JULY 1 TO OCTOBER 19, 1949, FOR WHICH YOU WERE COMPENSATED. YOU WERE RESTORED TO AN ACTIVE DUTY STATUS ON DECEMBER 15, 1949, AND PAID FOR THE PERIOD OCTOBER 20 THROUGH DECEMBER 14, 1949, THE PERIOD YOU HAD BEEN IN A LEAVE WITHOUT PAY STATUS.

A REVIEW OF YOUR CLAIM INDICATES IT COMES WITHIN THE PURVIEW OF OUR DECISION OF MAY 23, 1957, B-131683, 36 COMP. GEN. 779, WHEREIN WE HELD THAT AN EMPLOYEE WHO IS REINSTATED OR RESTORED TO DUTY ON THE GROUND THAT HIS DISCHARGE, SUSPENSION, OR FURLOUGH WAS UNJUSTIFIED OR UNWARRANTED, IS ENTITLED TO HAVE RECREDITED THE AMOUNT OF ANNUAL LEAVE HE WAS REQUIRED TO TAKE SUBJECT TO THE MAXIMUM ACCUMULATION RESTRICTIONS OF THE APPLICABLE LEAVE STATUTES. THEREFORE, OUR DECISION OF JANUARY 4, 1951, B-99549, AND SUBSEQUENT DECISIONS TO YOU AFFIRMING THE JANUARY 4TH DECISION, ARE NO LONGER CONTROLLING INSOFAR AS THEY NEGATIVE A RECREDITING OF YOUR LEAVE ACCOUNT.

WE SUGGEST THAT YOU DIRECT THE ATTENTION OF YOUR ADMINISTRATIVE OFFICE TO THIS DECISION AND REQUEST THAT YOUR LEAVE RECORD BE ADJUSTED ACCORDINGLY.