B-99992, AUGUST 20, 1951, 31 COMP. GEN. 38

B-99992, AUGUST 20, 1951, 31 COMP. GEN. 38

OFFICERS AND EMPLOYEES - UNJUSTIFIED REMOVAL OR SUSPENSION FROM SERVICE RECREDIT OF ANNUAL LEAVE UPON REINSTATEMENT UNDER THE ACT OF JUNE 10, 1948, AUTHORIZING PAYMENT FOR ALL PERIODS OF UNJUSTIFIED REMOVAL OR SUSPENSION WITHOUT PAY, AN EMPLOYEE WHO WAS INVOLUNTARILY PLACED ON ANNUAL LEAVE AND LEAVE WITHOUT PAY PRIOR TO REMOVAL FROM SERVICE IS NOT ENTITLED UPON REINSTATEMENT AS THE RESULT OF AN APPEAL TO THE CIVIL SERVICE COMMISSION UNDER SECTION 14 OF THE VETERANS PREFERENCE ACT OF 1944 TO BE RECREDITED WITH THE ANNUAL LEAVE TAKEN PRIOR TO SUSPENSION WITHOUT PAY AND PRIOR TO REMOVAL OR SEPARATION FROM SERVICE, OR TO BE PAID THE MONEY EQUIVALENT IN LIEU THEREOF.

COMPTROLLER GENERAL WARREN TO JOHN NORMAN SWEELEY, AUGUST 20, 1951:

REFERENCE IS MADE TO YOUR LETTER OF MAY 23, 1951, REQUESTING REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT OF MARCH 20, 1951, WHICH DISALLOWED YOUR CLAIM FOR A RECREDIT OF ANNUAL LEAVE, OR THE MONEY EQUIVALENT IN LIEU THEREOF, TO COVER LEAVE YOU WERE ADMINISTRATIVELY REQUIRED TO TAKE DURING THE PERIODS MARCH 30 TO APRIL 13, 1950, AND APRIL 28 TO MAY 16, 1950.

THE RECORDS SHOW THAT, AS A RESULT OF CHARGES PREFERRED AGAINST YOU, YOU WERE INVOLUNTARILY PLACED ON ANNUAL LEAVE DURING THE PERIOD MARCH 30 THROUGH APRIL 12, 1950, AND, DUE TO A REDUCTION IN FORCE, YOU WERE PLACED ON ANNUAL LEAVE DURING THE PERIOD APRIL 28 THROUGH ONE HOUR ON MAY 16, 1950, THE EXPIRATION DATE OF YOUR LEAVE. YOU WERE IN A LEAVE WITHOUT PAY STATUS ON AND AFTER MAY 16, AND ON JUNE 30, 1950, YOU WERE REMOVED FROM THE SERVICE BECAUSE OF SUCH CHARGES. SUBSEQUENTLY, ON DECEMBER 5, 1950, AS A RESULT OF YOUR APPEAL TO THE CIVIL SERVICE COMMISSION UNDER SECTION 14 OF THE VETERANS' PREFERENCE ACT OF 1944, 58 STAT. 390, YOU WERE RESTORED TO DUTY PURSUANT TO AN ORDER OF THE COMMISSION TO THE EFFECT THAT YOU BE RESTORED RETROACTIVELY TO THE POSITION FROM WHICH YOU WERE REMOVED.

IN ACCORDANCE WITH THE ACT OF JUNE 10, 1948, PUBLIC LAW 623, 62 STAT. 354, YOU RECEIVED COMPENSATION FOR THE PERIOD FROM SEVEN HOURS ON MAY 16 THROUGH DECEMBER 4, 1950, COVERING THE PERIOD DURING WHICH YOU WERE SUSPENDED WITHOUT PAY AND DISCHARGED FROM THE SERVICE. IT APPEARS TO BE YOUR CONTENTION THAT PUBLIC LAW 623 ENTITLES YOU TO BE RESTORED TO THE SAME STATUS IN WHICH YOU WERE ON MARCH 30, WITH A RECREDIT OF ANNUAL LEAVE AS OF THAT DATE, RATHER THAN A RESTORATION AS OF MAY 16, THE DAY YOU WERE SUSPENDED ON LEAVE WITHOUT PAY.

THE ACT OF JUNE 10, 1948, PUBLIC LAW 623, AUTHORIZES PAYMENT FOR ALL PERIODS OF UNJUSTIFIED REMOVAL OR SUSPENSION WITHOUT PAY. AS YOU WERE NOT REMOVED OR SUSPENDED WITHOUT PAY PRIOR TO ONE HOUR ON MAY 16, BUT WERE ON ANNUAL LEAVE WITH COMPENSATION, THERE IS NOTHING FURTHER DUE YOU UNDER THAT ACT. ALSO, SECTION 30.411 (B) OF THE ANNUAL AND SICK LEAVE REGULATIONS, REFERRED TO IN YOUR LETTER, RELATIVE TO THE RECREDITING OF LEAVE OF CERTAIN EMPLOYEES, REFERS TO THE LEAVE WHICH REMAINED TO THE CREDIT OF AN EMPLOYEE UPON SEPARATION.

ACCORDINGLY, THERE IS NO AUTHORITY TO RECREDIT YOU WITH THE ANNUAL LEAVE IN QUESTION PRIOR TO YOU SUSPENSION WITHOUT PAY AND PRIOR TO YOUR REMOVAL OR SEPARATION FROM THE SERVICE, OR TO PAY YOU THE MONEY EQUIVALENT IN LIEU THEREOF. HENCE, UPON REVIEW, THE SETTLEMENT OF MARCH 20, 1951, IS SUSTAINED.