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B-53608, MAR. 7, 1967

B-53608 Mar 07, 1967
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FRITZ APPEARS TO HAVE SERVED IN AN ENLISTED STATUS AS A SEAMAN OR PETTY OFFICER. THE RECORD BEFORE US FAILS TO REFLECT THE STATUTES OR REGULATIONS UNDER WHICH HE MIGHT HAVE ACCRUED AND ACCUMULATED SICK LEAVE. IT IS NOT CLEAR WHAT EFFECT. WOULD HAVE HAD UPON THE CLAIMANT'S ACCUMULATION OF SICK LEAVE. SICK LEAVE THEREUNDER IS NOT CUMULATIVE. WE ARE NOT AWARE OF ANY BASIS UPON WHICH THE EMPLOYEE MAY BE CONSIDERED AS ENTITLED TO ACCUMULATE SICK LEAVE PRIOR TO THE ACT OF MARCH 14. FRITZ COULD HAVE ACCUMULATED BETWEEN JANUARY 1. ASSUMING THAT HE WAS NOT ABSENT ON SICK LEAVE. OUR OFFICE WILL INTERPOSE NO OBJECTION IF IT IS ADMINISTRATIVELY DETERMINED TO RECREDIT HIM WITH 90 DAYS OF SICK LEAVE IN HIS CURRENT CIVILIAN EMPLOYMENT.

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B-53608, MAR. 7, 1967

TO AUTHORIZED CERTIFYING OFFICER:

WE REFER TO YOUR LETTERS OF JANUARY 4 AND FEBRUARY 8, 1967, WITH ENCLOSURES, CONCERNING YOUR REQUEST FOR A DECISION WHETHER MR. CHRISTIAN FRITZ MAY BE CREDITED IN HIS PRESENT EMPLOYMENT WITH SICK LEAVE EARNED AND ACCUMULATED DURING HIS EMPLOYMENT WITH SICK LEAVE EARNED AND ACCUMULATED DURING HIS EMPLOYMENT WITH THE COAST AND GEODETIC SURVEY DURING THE PERIOD MAY 17, 1926 THROUGH SEPTEMBER 28, 1942.

DURING THAT PERIOD MR. FRITZ APPEARS TO HAVE SERVED IN AN ENLISTED STATUS AS A SEAMAN OR PETTY OFFICER, WITH NO BREAK IN SERVICE OTHER THAN FOR BRIEF PERIODS PRIOR TO APRIL 28, 1930. THE RECORD BEFORE US FAILS TO REFLECT THE STATUTES OR REGULATIONS UNDER WHICH HE MIGHT HAVE ACCRUED AND ACCUMULATED SICK LEAVE. HOWEVER, SEE 5 COMP. GEN. 7 AND 16 ID. 304. CLAIMS AN ACCUMULATION OF 1,616 HOURS OF SICK LEAVE BASED ON THE ACCRUAL OF 13 DAYS PER YEAR AUTHORIZED BY THE ANNUAL AND SICK LEAVE ACT OF 1951, AS AMENDED, 5 U.S.C. 6307. HOWEVER, MR. FRITZ'S LEAVE ACCRUALS AND ACCUMULATIONS PROPERLY WOULD APPEAR TO BE FOR COMPUTATION NOT UNDER EXISTING LAW BUT RATHER UNDER LAW IN EFFECT AT THE TIME OF SERVICE.

IT IS NOT CLEAR WHAT EFFECT, IF ANY, SECTION 215 OF THE ECONOMY ACT OF 1932, 47 STAT. 382, 407, AS AMENDED, AND EXECUTIVE ORDER NO. 6021, FEBRUARY 9, 1933, WOULD HAVE HAD UPON THE CLAIMANT'S ACCUMULATION OF SICK LEAVE. WE NOTE THAT THE EXECUTIVE ORDER PROVIDES THAT UNLESS OTHERWISE AUTHORIZED BY LAW, SICK LEAVE THEREUNDER IS NOT CUMULATIVE. ON THE PRESENT RECORD, WE ARE NOT AWARE OF ANY BASIS UPON WHICH THE EMPLOYEE MAY BE CONSIDERED AS ENTITLED TO ACCUMULATE SICK LEAVE PRIOR TO THE ACT OF MARCH 14, 1936, 49 STAT. 1162, EFFECTIVE JANUARY 1, 1936. THAT ACT LIMITED SICK LEAVE ACCRUALS TO 1 1/4 DAYS A MONTH (15 DAYS A YEAR) AND ACCUMULATIONS TO NOT TO EXCEED 90 DAYS. AS TO ENLISTED MEMBERS OF CREWS OF THE UNITED STATES COAST AND GEODETIC SURVEY VESSELS BEING SUBJECT TO THAT ACT AS CIVILIAN EMPLOYEES SEE 16 COMP. GEN. 304.

THUS IT WOULD APPEAR THAT THE MAXIMUM CREDIT FOR SICK LEAVE THAT MR. FRITZ COULD HAVE ACCUMULATED BETWEEN JANUARY 1, 1936, THE EFFECTIVE DATE OF THE 1936 ACT AND SEPTEMBER 30, 1942, ASSUMING THAT HE WAS NOT ABSENT ON SICK LEAVE, WOULD BE 90 DAYS.

IN VIEW OF THE CORROBORATING EVIDENCE FURNISHED, I.E., THE STATEMENTS OF FORMER OFFICERS AND SUPERVISORS SUPPORTING MR. FRITZ'S ALLEGATION THAT HE USED BUT 3 DAYS OF SICK LEAVE DURING THE PERIOD OF HIS CIVILIAN EMPLOYMENT PRIOR TO HIS MILITARY SERVICE, OUR OFFICE WILL INTERPOSE NO OBJECTION IF IT IS ADMINISTRATIVELY DETERMINED TO RECREDIT HIM WITH 90 DAYS OF SICK LEAVE IN HIS CURRENT CIVILIAN EMPLOYMENT.

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