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Request for Reconsideration of Claim Regarding Service Computation Date

B-206238 Jul 13, 1982
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Highlights

A retired Air Force member requested further consideration of his claim to have his service computation date for Federal civilian employment changed for the purposes of preference eligibility for employment retention, annual leave accrual, and retirement annuity. The Claims Group determined that the agency action establishing different service computation dates for different purposes was correct. In this case, the claimant retired from the Air Force for service-incurred disability after 17 years of active military service. The claimant's service computation date was established for military reduction-in-force retention purposes and for years of service for annual leave purposes. His employing office determined that his service computation date, while apparently valid for employment retention purposes, was not proper for leave credit, and it was determined that he had been over-credited 132 hours. The agency therefore reduced his leave balance to account for the excess credit. The claimant contended that he was entitled to use the date established for military preference for reduction-in-force for all purposes, because he was retired for disability as a regular enlisted member of the Armed Forces. GAO held that, for preference eligibility, all of the claimant's active service may be counted since it was less than 20 years; for leave accrual only wartime service and service in a campaign may be counted since the claimant's disability was not a result of armed conflict or an instrumentality of war. For civil service retirement, service time may be counted only if the claimant waived receipt of military retired pay at the time of civilian retirement. Accordingly, the Claims Group determination was sustained.

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