B-144585, DEC. 22, 1961
Highlights
THE FACTS OF YOUR CASE AS WELL AS THE REASON FOR THE DISALLOWANCE OF YOUR CLAIM WERE FULLY SET FORTH IN OUR DECISION OF AUGUST 25. YOU SAY THAT THE 57 HOURS FOR WHICH YOU RECEIVED A LUMP SUM PAYMENT AT THE TIME OF YOUR SEPARATION FROM THE AIR FORCE WAS FOR ANNUAL LEAVE YOU ACCUMULATED AS AN EMPLOYEE OF THE AIR FORCE BEGINNING JANUARY 20. YOU NOW CONTEND THAT YOU ARE ENTITLED TO A LUMP SUM PAYMENT FOR ACCUMULATED ANNUAL LEAVE TO YOUR CREDIT WHILE WORKING FOR THE DEPARTMENT OF THE ARMY PRIOR TO YOUR TRANSFER TO THE DEPARTMENT OF THE AIR FORCE. SHOWS THAT YOU WERE REMOVED FROM YOUR POSITION MARCH 14. UNDER THE LEAVE REGULATIONS IN EFFECT FOR PHILIPPINE CITIZENS HIRED BY THE UNITED STATES IN THE PACIFIC THE MAXIMUM AMOUNT OF ANNUAL LEAVE THAT YOU WOULD HAVE BEEN ABLE TO ACCUMULATE FROM JANUARY 13.
B-144585, DEC. 22, 1961
TO MR. NESTOR B. REMPOLA:
THIS REFERS TO YOUR LETTER OF SEPTEMBER 22, 1961, WITH ENCLOSURES, REQUESTING THAT WE RECONSIDER THE ACTION TAKEN IN OUR DECISION OF AUGUST 25, 1961, B-144585, TO YOU, WHICH DISALLOWED YOUR CLAIM FOR PAY AND ALLOWANCES BELIEVED DUE INCIDENT TO YOUR MILITARY SERVICE AS A PHILIPPINE SCOUT FROM AUGUST 22, 1946, TO APRIL 30, 1949, AND FOR PAYMENT OF UNUSED ANNUAL LEAVE ALLEGED TO BE DUE AT THE TIME OF YOUR SEPARATION FROM THE UNITED STATES AIR FORCE AS A CIVILIAN EMPLOYEE ON APRIL 5, 1952.
THE FACTS OF YOUR CASE AS WELL AS THE REASON FOR THE DISALLOWANCE OF YOUR CLAIM WERE FULLY SET FORTH IN OUR DECISION OF AUGUST 25, 1961, TO YOU, AND NEED NOT BE REPEATED HERE.
IN YOUR LETTER OF SEPTEMBER 22, 1961, YOU SAY THAT THE 57 HOURS FOR WHICH YOU RECEIVED A LUMP SUM PAYMENT AT THE TIME OF YOUR SEPARATION FROM THE AIR FORCE WAS FOR ANNUAL LEAVE YOU ACCUMULATED AS AN EMPLOYEE OF THE AIR FORCE BEGINNING JANUARY 20, 1952, TO THE TIME OF YOUR SEPARATION. YOU NOW CONTEND THAT YOU ARE ENTITLED TO A LUMP SUM PAYMENT FOR ACCUMULATED ANNUAL LEAVE TO YOUR CREDIT WHILE WORKING FOR THE DEPARTMENT OF THE ARMY PRIOR TO YOUR TRANSFER TO THE DEPARTMENT OF THE AIR FORCE. THE PAYROLL CHANGE SLIP THAT YOU FORWARDED WITH YOUR LETTER OF SEPTEMBER 22, 1961, SHOWS THAT YOU WERE REMOVED FROM YOUR POSITION MARCH 14, 1952, AND THAT THE LUMP SUM PAYMENT OF 57 HOURS COVERED THE PERIOD MARCH 15 THROUGH 1 HOUR OF MARCH 25, 1952.
UNDER THE LEAVE REGULATIONS IN EFFECT FOR PHILIPPINE CITIZENS HIRED BY THE UNITED STATES IN THE PACIFIC THE MAXIMUM AMOUNT OF ANNUAL LEAVE THAT YOU WOULD HAVE BEEN ABLE TO ACCUMULATE FROM JANUARY 13, 1952, WHEN YOU TRANSFERRED TO THE AIR FORCE UNTIL THE TIME OF YOUR SEPARATION WOULD BE FAR LESS THAN THE 57 HOURS ANNUAL LEAVE FOR WHICH YOU RECEIVED A LUMP SUM PAYMENT. IT IS APPARENT THAT THE UNUSED LEAVE TO YOUR CREDIT IN THE DEPARTMENT OF THE ARMY WAS TRANSFERRED TO YOUR CREDIT IN THE DEPARTMENT OF THE AIR FORCE AND THAT YOU RECEIVED PAYMENT FOR ALL OF SUCH UNUSED LEAVE AT THE TIME OF YOUR SEPARATION.
THEREFORE, THE ACTION TAKEN IN OUR DECISION OF AUGUST 25, 1961, B 144585, TO YOU, IS SUSTAINED.