B-126994, APR. 24, 1956

B-126994: Apr 24, 1956

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YOU WERE ADVISED THAT THERE WAS NO COMPARABLE POSITION AVAILABLE TO WHICH YOU COULD BE REASSIGNED AT THAT TIME AND THAT YOUR RESIGNATION WOULD BE ACCEPTED EFFECTIVE MARCH 29. IT WAS SUGGESTED THAT INSTEAD OF LOSING THIS LEAVE YOU ARRANGE WITH YOUR SUPERVISOR. THE MATTER OF THE 48 HOURS LEAVE TO BE TAKEN PRIOR TO YOUR SEPARATION IS STATED TO HAVE BEEN DISCUSSED WITH YOU ON SEVERAL OCCASIONS. UNDER APPLICABLE STATUTES AND VETERANS ADMINISTRATION REGULATIONS EXISTING AT THE TIME OF YOUR SEPARATION FROM THE SERVICE YOU WERE ENTITLED TO A LUMP-SUM PAYMENT FOR 60 DAYS ACCUMULATED LEAVE TO YOUR CREDIT AS OF DECEMBER 31. YOUR RESIGNATION WAS ACCEPTED PRECISELY IN THE TERMS TENDERED BY YOU. THE LAW PROHIBITS A LUMP-SUM PAYMENT FOR ANY CURRENT ACCRUED LEAVE WHEN ACCUMULATED LEAVE TO THE CREDIT OF AN EMPLOYEE IS IN EXCESS OF 30 DAYS.

B-126994, APR. 24, 1956

TO MRS. EMMA M. GILTINAN:

YOUR RECENT LETTER REQUESTS REVIEW OF OUR SETTLEMENT OF JANUARY 24, 1956, WHICH DISALLOWED YOUR CLAIM FOR PAYMENT OF UNUSED LEAVE TO YOUR CREDIT AT THE TIME OF YOUR SEPARATION FROM THE VETERANS ADMINISTRATION, EFFECTIVE MARCH 29, 1955.

THE RECORD DISCLOSES THAT WHILE WORKING AT THE VETERANS ADMINISTRATION REGIONAL OFFICE, PHOENIX, ARIZONA, YOU ADDRESSED A MEMORANDUM TO THE PERSONNEL OFFICER, DATED MARCH 14, 1955, REQUESTING A TRANSFER FROM THE FINANCE DIVISION. THE MEMORANDUM ALSO STATED THAT "SHOULD THIS TRANSFER NOT BE POSSIBLE I SUBMIT MY RESIGNATION TO BE EFFECTIVE MARCH 29, 1955, OR SUCH DATE AS WOULD BE IN EFFECT IN ACCORDANCE WITH EXISTING PROCEDURES IN REGARD TO MY ACCUMULATED LEAVE.' BY MEMORANDUM OF MARCH 18, 1955, FROM THE PERSONNEL OFFICER, CONCURRED IN BY THE FINANCE OFFICER, YOU WERE ADVISED THAT THERE WAS NO COMPARABLE POSITION AVAILABLE TO WHICH YOU COULD BE REASSIGNED AT THAT TIME AND THAT YOUR RESIGNATION WOULD BE ACCEPTED EFFECTIVE MARCH 29, 1955. THE MEMORANDUM ALSO ADVISED YOU THAT YOU WOULD BE PAID A LUMP-SUM PAYMENT FOR THE ANNUAL LEAVE YOU HAD TO YOUR CREDIT AS OF DECEMBER 31, 1954, AND THAT CURRENT ACCRUED ANNUAL LEAVE AND COMPENSATORY TIME TOTALING 48 HOURS SHOULD BE TAKEN PRIOR TO THE EFFECTIVE DATE OF YOUR RESIGNATION OR IT WOULD BE FORFEITED. IT WAS SUGGESTED THAT INSTEAD OF LOSING THIS LEAVE YOU ARRANGE WITH YOUR SUPERVISOR, MR. EDWARD ANDERSON, TO TAKE LEAVE STARTING TUESDAY, MARCH 22, AT 8:15 A.M., TO EXPIRE TUESDAY, MARCH 29, AT 5:00 P.M., AT WHICH TIME YOUR RESIGNATION WOULD BECOME EFFECTIVE. THE MATTER OF THE 48 HOURS LEAVE TO BE TAKEN PRIOR TO YOUR SEPARATION IS STATED TO HAVE BEEN DISCUSSED WITH YOU ON SEVERAL OCCASIONS.

UNDER APPLICABLE STATUTES AND VETERANS ADMINISTRATION REGULATIONS EXISTING AT THE TIME OF YOUR SEPARATION FROM THE SERVICE YOU WERE ENTITLED TO A LUMP-SUM PAYMENT FOR 60 DAYS ACCUMULATED LEAVE TO YOUR CREDIT AS OF DECEMBER 31, 1954. YOU RECEIVED A LUMP-SUM PAYMENT FROM THE VETERANS ADMINISTRATION FOR SUCH ACCUMULATED LEAVE UPON YOUR SEPARATION ON MARCH 29, 1955, AND THUS, YOUR RESIGNATION WAS ACCEPTED PRECISELY IN THE TERMS TENDERED BY YOU. THE LAW PROHIBITS A LUMP-SUM PAYMENT FOR ANY CURRENT ACCRUED LEAVE WHEN ACCUMULATED LEAVE TO THE CREDIT OF AN EMPLOYEE IS IN EXCESS OF 30 DAYS. SUCH LEAVE CAN BE GRANTED IN KIND ONLY. YOU WERE AFFORDED AN OPPORTUNITY TO TAKE SUCH LEAVE PRIOR TO YOUR SEPARATION BUT REFUSED AND YOUR RESIGNATION WAS NOT COUCHED IN SUCH TERMS AS TO REQUIRE AN ADMINISTRATIVE GRANT OF CURRENT ACCRUED ANNUAL LEAVE IN KIND AFTER MARCH 29, 1955. NEITHER CAN YOU NOW BE RESTORED TO THE ROLLS SOLELY FOR THE PURPOSE OF BEING GRANTED THAT LEAVE. SEE 16 COMP. GEN. 899.

ACCORDINGLY, WE MUST INFORM YOU THAT THE CONCLUSION REACHED IN OUR SETTLEMENT OF JANUARY 24, 1956, IS CORRECT AND UPON REVIEW IT MUST BE AND IS SUSTAINED.

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