DOD Financial Management:

Adjudication of Butterbaugh Claims for the Restoration of Annual Leave or Pay

GAO-08-948R: Published: Jul 28, 2008. Publicly Released: Jul 28, 2008.

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This report formally transmits a briefing in response to section 1045 of the National Defense Authorization Act for Fiscal Year 2008. The Act required GAO to review and report on the adjudication of claims filed as a result of the 2003 decision by the U.S. Court of Appeals for the Federal Circuit in the case of Butterbaugh v. Department of Justice. In that case, the Court decided that federal employees who are members of the military reserves should not have been charged military leave for reserve duty days that occurred outside their civilian work schedule. Under existing federal law, employees are entitled to seek restoration of leave or monetary compensation. On July 8, 16, and 22, 2008, we provided briefings on the status of the adjudication of such claims by the Defense Finance and Accounting Service and selected other agencies to cognizant committee staff to satisfy the mandate. Based on the results of our review, we are not making any recommendations for agency action.

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