B-126081, FEB. 28, 1956

B-126081: Feb 28, 1956

Additional Materials:

Contact:

Shirley Jones
(202) 512-8156
jonessa@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

SHAUGHNESSY: YOUR RECENT LETTER IS UNDERSTOOD TO REFER TO THE DISALLOWANCE OF YOUR CLAIM FOR PAYMENT OF THE ANNUAL LEAVE WHICH HAD ACCRUED TO YOUR CREDIT BUT WHICH WAS NOT ADMINISTRATIVELY GRANTED PRIOR TO YOUR SEPARATION. THE ADMINISTRATIVE ACTION OF SEPARATING YOU FROM SERVICE WITHOUT GRANTING THE LEAVE TO YOUR CREDIT WAS PROPER. THERE IS NO AUTHORITY FOR GRANTING NOW YOUR ANNUAL LEAVE. IT WAS NOT UNTIL THE PASSAGE OF THE ACT OF DECEMBER 21. THAT CONGRESS PROVIDED FOR A PAYMENT FOR THE ANNUAL LEAVE TO AN EMPLOYEE'S CREDIT AT TIME OF SEPARATION AND SINCE THE ACT WAS SUBSEQUENT TO THE TERMINATION OF YOUR EMPLOYMENT YOU ACQUIRED NO RIGHTS THEREUNDER. THAT THERE IS NO LEGAL BASIS FOR FAVORABLE ACTION UPON YOUR CLAIM.

B-126081, FEB. 28, 1956

TO MR. BENJAMIN L. SHAUGHNESSY:

YOUR RECENT LETTER IS UNDERSTOOD TO REFER TO THE DISALLOWANCE OF YOUR CLAIM FOR PAYMENT OF THE ANNUAL LEAVE WHICH HAD ACCRUED TO YOUR CREDIT BUT WHICH WAS NOT ADMINISTRATIVELY GRANTED PRIOR TO YOUR SEPARATION, ON JULY 20, 1942, AS AN EMPLOYEE OF THE NAVAL AMMUNITION DEPOT, HINGHAM, MASSACHUSETTS.

UNDER THE LEAVE REGULATIONS THEN IN EFFECT, YOUR SEPARATION HAVING BEEN WITH PREJUDICE, THE ADMINISTRATIVE ACTION OF SEPARATING YOU FROM SERVICE WITHOUT GRANTING THE LEAVE TO YOUR CREDIT WAS PROPER. THAT BEING SO, AND AS LEAVE CANNOT BE GRANTED AFTER THE TERMINATION OF EMPLOYMENT, THERE IS NO AUTHORITY FOR GRANTING NOW YOUR ANNUAL LEAVE. AS POINTED OUT IN OUR LETTER OF DECEMBER 20, 1955, IT WAS NOT UNTIL THE PASSAGE OF THE ACT OF DECEMBER 21, 1944, 58 STAT. 845, THAT CONGRESS PROVIDED FOR A PAYMENT FOR THE ANNUAL LEAVE TO AN EMPLOYEE'S CREDIT AT TIME OF SEPARATION AND SINCE THE ACT WAS SUBSEQUENT TO THE TERMINATION OF YOUR EMPLOYMENT YOU ACQUIRED NO RIGHTS THEREUNDER.

CONSEQUENTLY, WE MUST AGAIN ADVISE YOU, AS STATED IN OUR LETTERS OF NOVEMBER 7, 1949, AND DECEMBER 20, 1955, THAT THERE IS NO LEGAL BASIS FOR FAVORABLE ACTION UPON YOUR CLAIM.

Nov 25, 2020

Nov 24, 2020

Nov 20, 2020

Nov 19, 2020

Looking for more? Browse all our products here