B-126081, DEC. 20, 1955

B-126081: Dec 20, 1955

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SHAUGHNESSY: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 16. YOUR CLAIM WAS PREVIOUSLY CONSIDERED BY OUR OFFICE AND IN OUR LETTER OF NOVEMBER 7. YOU WERE ADVISED THAT THE LAW IN FORCE AT THE TIME OF YOUR SEPARATION PROVIDED FOR A GRANT OF LEAVE IN KIND ONLY. LEAVE NOT TAKEN PRIOR TO SEPARATION WAS LOST. 58 STAT. 845 PROVIDED FOR PAYMENT FOR ANNUAL LEAVE ACCUMULATED AT DATE OF SEPARATION BUT THAT STATUTE WAS NOT RETROACTIVE IN EFFECT. YOUR CLAIM WAS DISALLOWED. THE DISALLOWANCE OF YOUR CLAIM IS FOUND TO BE CORRECT AND IS SUSTAINED.

B-126081, DEC. 20, 1955

TO MR. BENJAMIN L. SHAUGHNESSY:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 16, 1955, APPARENTLY REQUESTING RECONSIDERATION OF YOUR CLAIM FOR THE ANNUAL LEAVE TO YOUR CREDIT ON THE DATE OF YOUR SEPARATION, JULY 20, 1942, AS AN EMPLOYEE OF THE NAVAL AMMUNITION DEPOT, HINGHAM, MASSACHUSETTS.

YOUR CLAIM WAS PREVIOUSLY CONSIDERED BY OUR OFFICE AND IN OUR LETTER OF NOVEMBER 7, 1949, YOU WERE ADVISED THAT THE LAW IN FORCE AT THE TIME OF YOUR SEPARATION PROVIDED FOR A GRANT OF LEAVE IN KIND ONLY. LEAVE NOT TAKEN PRIOR TO SEPARATION WAS LOST. THE ACT OF DECEMBER 21, 1944, 58 STAT. 845 PROVIDED FOR PAYMENT FOR ANNUAL LEAVE ACCUMULATED AT DATE OF SEPARATION BUT THAT STATUTE WAS NOT RETROACTIVE IN EFFECT. ACCORDINGLY, YOUR CLAIM WAS DISALLOWED.

UPON RECONSIDERATION, THE DISALLOWANCE OF YOUR CLAIM IS FOUND TO BE CORRECT AND IS SUSTAINED.

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