B-144070, MAR. 30, 1962

B-144070, MAR. 30, 1962

TO MR. CARL B. TODD:

ON MARCH 20, 1962, YOU REQUESTED RECONSIDERATION OF OUR DECISION OF MARCH 16, 1962, B-144070, IN WHICH WE HELD THAT ANNUAL LEAVE CREDIT OF 67 HOURS FORFEITED AT THE BEGINNING OF THE PRESENT LEAVE YEAR COULD NOT BE RECREDITED TO YOUR LEAVE ACCOUNT WITH THE DEPARTMENT OF THE AIR FORCE.

WE SET FORTH THE FACTS AND CIRCUMSTANCES SURROUNDING THE TRANSACTION IN OUR DECISION AND SHALL NOT REPEAT THEM HERE. LIKEWISE WE QUOTED THE APPLICABLE LAW UNDER WHICH THE EXCESS LEAVE WAS REQUIRED TO BE FORFEITED-- - IRRESPECTIVE OF ANY ADMINISTRATIVE ERROR WHICH MAY HAVE RESULTED IN YOUR FAILURE TO USE IT.

YOU SAY YOU ARE FAMILIAR WITH THE REGULATION BUT YOU HAD NO REASON TO USE LEAVE UNNECESSARILY OR TO ANTICIPATE A LOSS OF LEAVE. THEREFORE, YOU NOW FEEL THAT THE INJUSTICE WHICH YOU BELIEVE TO HAVE BEEN DONE MAY BE CORRECTED BY A RESTORATION OF A DEDUCTION MADE IN THE SETTLEMENT OF YOUR RETROACTIVE PAY ACCOUNT OR A RESTORATION OF THE LEAVE YOU LOST.

AS STATED IN OUR DECISION THE LEAVE IN EXCESS OF YOUR CEILING (240HOURS) WAS REQUIRED TO BE FORFEITED UNDER 5 U.S.C. 2062 (A) AND MAY NOT BE RESTORED. WHILE, IT MAY BE THAT ACTION SHOULD HAVE BEEN TAKEN TO RESTORE THE LEAVE (REPRESENTED BY THE LUMP-SUM PAYMENT) TO YOUR CREDIT PRIOR TO JANUARY 1962, SO AS TO PERMIT YOU TO USE THE 67 HOURS OF ANNUAL LEAVE BEFORE THE END OF THE 1961 LEAVE YEAR, NEVERTHELESS, SUCH ACTION WAS NOT TAKEN AND WE ARE POWERLESS AT THIS DATE TO MAKE ANY ADJUSTMENT OF THE MATTER.

THE "BACK-PAY" SETTLEMENTS YOU RECEIVED COVERED THE ENTIRE PERIOD OF YOUR INVOLUNTARY SEPARATION, THAT IS, YOU WERE COMPENSATED IN THE AMOUNT YOU WOULD HAVE EARNED HAD YOU NOT BEEN SEPARATED. THE DEDUCTIONS MADE IN THAT SETTLEMENT WERE REQUIRED BY LAW AND NO PART THEREOF MAY BE REFUNDED TO YOU. SEE 5 U.S.C. 652 (B). THEREFORE, OUR PRIOR DECISION MUST BE SUSTAINED.