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B-144070, MAR. 16, 1962

B-144070 Mar 16, 1962
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WHICH CLAIM WAS AUTHORIZED FOR PAYMENT BY OUR OFFICE ON JUNE 6. AN ADDITIONAL SETTLEMENT IN YOUR FAVOR WAS APPROVED BY OUR OFFICE ON NOVEMBER 28. YOU RECEIVED A LUMP-SUM PAYMENT FOR 240 HOURS OF ANNUAL LEAVE WHICH WAS THE MAXIMUM LEAVE PAYMENT THAT COULD BE MADE TO YOU UNDER THE LAW. YOU SUCCESSFULLY APPEALED THE SEPARATION ACTION AND WERE RESTORED TO DUTY ON JULY 25. YOU WERE AWARDED SALARY FOR THE PERIOD OF SEPARATION. IN MAKING SETTLEMENT FOR THAT PERIOD THE AMOUNT OF THE LUMP-SUM LEAVE PAYMENT WAS DEDUCTED AND YOU BECAME ENTITLED TO THE RESTORATION OF THE 240 HOURS LEAVE. YOU SAY THAT THE 240 HOURS LEAVE WAS NOT RESTORED TO YOUR LEAVE ACCOUNT UNTIL JANUARY 1962 BUT WAS "BACK DATED" TO AUGUST 17.

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B-144070, MAR. 16, 1962

TO MR. CARL B. TODD:

ON MARCH 2, 1962, YOU REQUESTED OUR DECISION CONCERNING THE ACTION OF THE DEPARTMENT OF THE AIR FORCE IN CANCELING 67 HOURS OF ANNUAL LEAVE BECAUSE OF A RECREDIT OF 240 HOURS OF ANNUAL LEAVE RESULTING FROM ALLOWANCE OF YOUR CLAIM FOR BACK SALARY COVERING A PERIOD OF ERRONEOUS REMOVAL FROM THE SERVICE, WHICH CLAIM WAS AUTHORIZED FOR PAYMENT BY OUR OFFICE ON JUNE 6, 1961. AN ADDITIONAL SETTLEMENT IN YOUR FAVOR WAS APPROVED BY OUR OFFICE ON NOVEMBER 28, 1961.

FROM YOUR LETTER AND FROM PAPERS OBTAINED FOR USE WITH YOUR SALARY CLAIM PREVIOUSLY SETTLED, IT APPEARS THAT AT THE TIME OF YOUR INVOLUNTARY SEPARATION FROM YOUR POSITION WITH THE AIR FORCE ON SEPTEMBER 8, 1959, YOU RECEIVED A LUMP-SUM PAYMENT FOR 240 HOURS OF ANNUAL LEAVE WHICH WAS THE MAXIMUM LEAVE PAYMENT THAT COULD BE MADE TO YOU UNDER THE LAW. YOU SUCCESSFULLY APPEALED THE SEPARATION ACTION AND WERE RESTORED TO DUTY ON JULY 25, 1960. ALSO, YOU WERE AWARDED SALARY FOR THE PERIOD OF SEPARATION, BUT IN MAKING SETTLEMENT FOR THAT PERIOD THE AMOUNT OF THE LUMP-SUM LEAVE PAYMENT WAS DEDUCTED AND YOU BECAME ENTITLED TO THE RESTORATION OF THE 240 HOURS LEAVE.

YOU SAY THAT THE 240 HOURS LEAVE WAS NOT RESTORED TO YOUR LEAVE ACCOUNT UNTIL JANUARY 1962 BUT WAS "BACK DATED" TO AUGUST 17, 1961, AND BECAUSE OF THE RETROACTIVE DATING YOU SUSTAINED A LOSS OF 67 HOURS WHICH YOU NOW WISH TO HAVE RECREDITED TO YOU.

WE ASSUME THAT THE 67 HOURS REPRESENTS UNUSED LEAVE EARNED BY YOU BETWEEN THE DATE OF YOUR RESTORATION TO DUTY AND THE END OF THE 1961 LEAVE YEAR (JANUARY 6, 1962).

TITLE 5, U.S.C. SECTION 2062 (C) READS AS FOLLOWS:

"/C) ACCUMULATION OF UNUSED LEAVE: MAXIMUM.

"THE ANNUAL LEAVE PROVIDED FOR IN THIS SECTION, WHICH IS NOT USED BY AN OFFICER OR EMPLOYEE, SHALL ACCUMULATE FOR USE IN SUCCEEDING YEARS UNTIL IT TOTALS NOT TO EXCEED THIRTY DAYS AT THE BEGINNING OF THE FIRST COMPLETE BIWEEKLY PAY PERIOD, OR CORRESPONDING PERIOD IN THE CASE OF AN OFFICER OR EMPLOYEE WHO IS NOT PAID ON THE BASIS OF BIWEEKLY PAY PERIODS, OCCURRING IN ANY YEAR.'

THE ACCUMULATION OF UNUSED LEAVE IS GOVERNED BY THE ABOVE-QUOTED SECTION AND, WITH AN EXCEPTION NOT PERTINENT HERE (5 U.S.C. 2066), THE MAXIMUM AMOUNT WHICH MAY BE CARRIED FORWARD INTO ANY NEW LEAVE YEAR IS FIXED AT 30 DAYS OR 240 HOURS. THEREFORE, ANY ANNUAL LEAVE IN EXCESS OF 240 HOURS EARNED BUT NOT USED DURING 1961 OF PRIOR YEARS WAS FORFEITED BY LAW AT THE BEGINNING OF THE PRESENT LEAVE YEAR AND MAY NOT BE RECREDITED TO YOUR ACCOUNT IRRESPECTIVE OF THE REASON FOR THE FAILURE TO USE IT, THAT IS, BECAUSE OF ADMINISTRATIVE ERROR, OR OTHERWISE. SEE 36 COMP. GEN. 596.

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