B-140798, JUN. 29, 1961

B-140798, JUN. 29, 1961

TO MR. JOHN J. KEARNS:

YOUR LETTER OF MAY 6, 1961, REQUESTS FURTHER CONSIDERATION OF YOUR CLAIM FOR PAYMENT FOR ANNUAL LEAVE ACCRUAL DURING THE PERIODS OF YOUR IMPROPER REMOVAL FROM SERVICE AS AN EMPLOYEE OF THE WATERTOWN ARSENAL, WATERTOWN, MASSACHUSETTS, WHICH WAS DISALLOWED BY OUR SETTLEMENT OF AUGUST 13, 1956. THE DISALLOWANCE OF YOUR CLAIM WAS SUSTAINED IN OUR DECISION TO YOU OF SEPTEMBER 30, 1959, B-140798.

YOUR CLAIM WAS DISALLOWED BECAUSE SECTION 6 (B) (2) OF THE ACT OF AUGUST 24, 1912, ADDED BY THE ACT OF JUNE 10, 1948, 62 STAT. 355, 5 U.S.C. 652 (B) (2), WHICH IS THE AUTHORITY FOR PAYMENT OF BACK PAY IN CASES SUCH AS YOURS, EXPRESSLY PROVIDES THAT THE EMPLOYEE "SHALL FOR ALL PURPOSES EXCEPT THE ACCUMULATION OF LEAVE BE DEEMED TO HAVE RENDERED SERVICE" DURING THE PERIOD OF SEPARATION. SINCE THE STATUTE SPECIFICALLY EXCLUDES THE ACCUMULATION OF LEAVE BY AN EMPLOYEE DURING THE PERIOD OF DISCHARGE, SUSPENSION, OR FURLOUGH, THERE IS NO AUTHORITY FOR CREDITING YOU WITH ANY LEAVE DURING THE PERIODS OF YOUR REMOVAL. 29 COMP. GEN. 107, 110.

THE DECISION CITED BY YOU, B-123934, AUGUST 31, 1955 (35 COMP. GEN. 121), INVOLVED AN EMPLOYEE WHO WAS RESTORED TO DUTY AFTER SUSPENSION FOR NATIONAL SECURITY REASONS UNDER THE ACT OF AUGUST 26, 1950, 64 STAT. 476, 5 U.S.C. 22-1. UNDER THAT STATUTE LEAVE MAY BE CREDITED FOR THE PERIOD OF SUSPENSION OR SEPARATION FROM THE SERVICE BUT SUCH STATUTE HAS NO BEARING ON YOUR CASE.

THEREFORE, THE DISALLOWANCE OF YOUR CLAIM IS CORRECT AND MUST BE SUSTAINED.