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[Interior Employee's Claim for Leave Restoration]

B-252088.2 Published: Sep 29, 1993. Publicly Released: Sep 29, 1993.
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Highlights

The Department of the Interior requested a decision regarding an employee's claim for restoration of forfeited leave. The claimant contended that he was entitled to restoration of his unused leave, since: (1) he requested leave that would occur during a 10-month study program at the Industrial College of the Armed Services (ICAF); and (2) ICAF restricted leave during its study program. GAO held that: (1) the claimant attempted to schedule annual leave during his study program, but ICAF would only grant him partial leave during the academic period; (2) it was evident that ICAF would not grant the claimant any additional leave except during his academic recess period; (3) the claimant could have used part of his remaining leave during the recess, but he chose not to use it; and (4) the claimant was entitled to the restoration of his annual leave that exceeded the amount he could have taken during the academic recess. Accordingly, the claim was partially allowed.

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A-88022, AUGUST 11, 1937, 17 COMP. GEN. 133

TRANSPORTATION - DEPENDENTS - CHANGE OF STATION - ADDITIONAL CHANGE OF STATION WHILE SICK IN HOSPITAL AFTER LEAVE OF ABSENCE ARMY OFFICER, UNDER ORDERS FOR CHANGE OF STATION, ACCOMPANIED BY HIS DEPENDENTS WHILE ON LEAVE OF ABSENCE AND TRAVELING IN THE GENERAL DIRECTION OF THE NEW STATION, WHOSE ORDERS ARE CHANGED WHILE SICK IN HOSPITAL FROM LEAVE OF ABSENCE STATUS, SO AS TO REQUIRE REPORTING TO A DIFFERENT PERMANENT STATION, IS NOT ENTITLED TO TRANSPORTATION FOR DEPENDENTS IN EXCESS OF THE COMMERCIAL COST OF TRANSPORTATION FROM THE OLD STATION TO THE ULTIMATE NEW STATION.

ACTING COMPTROLLER GENERAL ELLIOTT TO LIEUTENANT COLONEL E. C. MORTON, UNITED STATES ARMY, AUGUST 11, 1937:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 20, 1937, AS FOLLOWS:

ATTACHED HERETO IS A VOUCHER IN THE AMOUNT OF $72.89 IN FAVOR OF COLONEL DANIEL D. TOMPKINS, CAVALRY, COVERING REIMBURSEMENT FOR TRAVEL OF DEPENDENTS ON CHANGE OF STATION WHICH HAS BEEN PRESENTED TO THE UNDERSIGNED, A DISBURSING OFFICER, FOR PAYMENT.

THE PAPERS ATTACHED TO THIS VOUCHER SHOW THAT THIS OFFICER WAS RELIEVED FROM DUTY AT SAN ANTONIO, TEXAS, AND ORDERED TO PROCEED TO NEW YORK AND SAIL ON TRANSPORT SCHEDULED TO LEAVE THAT PORT ON MARCH 2, 1937, FOR DUTY IN THE PANAMA CANAL DEPARTMENT. WHILE ON LEAVE OF ABSENCE IN WASHINGTON, D.C., ON FEBRUARY 21, 1937, HE ENTERED WALTER REED GENERAL HOSPITAL AND CONTINUED IN THE HOSPITAL UNTIL JUNE 4, 1937. BY PARAGRAPH 3, SPECIAL ORDERS 129, WAR DEPARTMENT, DATED JUNE 4, 1937, HE WAS RELIEVED FROM ASSIGNMENT TO THE PANAMA CANAL DEPARTMENT AND ASSIGNED TO DUTY AT FORT BRAGG, NORTH CAROLINA. THE DEPENDENTS ARE SHOWN AS HAVING TRAVELED WITH THE OFFICER TO WASHINGTON, D.C. HE RESUMED LEAVE STATUS ON JUNE 4, 1937, AND PROCEEDED TO HIS NEW STATION. THE VOUCHER IS STATED FOR REIMBURSEMENT FOR TRAVEL EXPENSES OF DEPENDENTS FROM SAN ANTONIO, TEXAS, VIA WASHINGTON, D.C., TO FORT BRAGG, NORTH CAROLINA.

IN VIEW OF THE FACT THAT THIS OFFICER WAS ON LEAVE AT THE TIME HE ENTERED WALTER REED GENERAL HOSPITAL, WASHINGTON, D.C., THE UNDERSIGNED IS IN DOUBT WHETHER PAYMENT OF REIMBURSEMENT FOR TRAVEL OF DEPENDENTS BY WAY OF WASHINGTON, D.C., IS AUTHORIZED, AND YOUR DECISION IN THE MATTER IS RESPECTFULLY REQUESTED.

PAYMENT IS NOT AUTHORIZED FOR TRANSPORTATION FOR DEPENDENTS TO AND FROM A POINT TO WHICH THE DEPENDENTS TRAVELED WHILE THE OFFICER IS ON LEAVE OF ABSENCE AND TRAVELING IN THE GENERAL DIRECTION OF HIS FIRST ASSIGNED DUTY STATION, WHERE ORDERS ARE RECEIVED CHANGING THE STATION TO WHICH HE IS ASSIGNED, 2 COMP. GEN. 638, 641. IN SUCH A SITUATION ALL THAT HE IS ENTITLED TO RECEIVE FOR TRANSPORTATION OF DEPENDENTS IS THE COMMERCIAL COST OF TRANSPORTATION FROM THE OLD STATION TO THE ULTIMATE NEW STATION. 3 COMP. GEN. 751; 7 ID. 664; 8 ID. 524; 9 ID. 278. THE FACT THAT THE STATUS OF THE OFFICER CHANGED AT WASHINGTON FROM LEAVE OF ABSENCE TO SICK IN HOSPITAL AND WHILE SICK IN HOSPITAL HIS ORDERS WERE CHANGED DOES NOT ALTER THE SITUATION. THE STATUTE AUTHORIZES TRANSPORTATION OF DEPENDENTS ON PERMANENT CHANGE OF STATION. THE HOSPITAL TO WHICH AN OFFICER IS ADMITTED, EITHER FROM DUTY OR FROM LEAVE OF ABSENCE, DOES NOT BECOME HIS STATION, 4 COMP. GEN. 653.

THE VOUCHER IS RETURNED HEREWITH AND PAYMENT MAY BE MADE THEREON OF THE COMMERCIAL COST OF TRANSPORTATION OF THE DEPENDENT FROM SAN ANTONIO, TEX., TO FORT BRAGG, N.C., BY THE SHORTEST USUALLY TRAVELED ROUTE.

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Annual leaveClaims settlementFederal employeesFederal personnel lawFringe benefitsEmployee trainingLeave claimsLeave restoration