B-127024, MAR. 2, 1956

B-127024, MAR. 2, 1956

TO MISS MURIEL B. SCOTT, AUTHORIZED CERTIFYING OFFICER, DEPARTMENT OF COMMERCE:

YOUR LETTER OF FEBRUARY 14, 1956, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE VOUCHER THEREWITH ENCLOSED IN THE AMOUNT OF $225.03 REPRESENTING PAYMENT FOR 116 HOURS OF SICK LEAVE TO WILLIAM BRYSON, AN EMPLOYEE OF THE BUREAU OF FOREIGN COMMERCE, DEPARTMENT OF COMMERCE, WHICH LEAVE IS PROPOSED TO BE SUBSTITUTED FOR LEAVE WITHOUT PAY.

MR. BRYSON ENTERED ON DUTY WITH THE BUREAU OF FOREIGN AND DOMESTIC COMMERCE APRIL 16, 1942, BY TRANSFER FROM THE COMMERCIAL INTELLIGENCE UNIT, U.S. MARITIME COMMISSION. HE WAS CARRIED ON THE ROLLS IN A LEAVE WITHOUT PAY STATUS FROM AUGUST 31, 1942, THROUGH DECEMBER 31, 1944, WHILE ON MILITARY SERVICE, RETURNING TO DUTY JANUARY 1, 1945. ON DECEMBER 18, 1945, THIS OFFICER WAS TRANSFERRED TO THE OFFICE OF INTERNATIONAL TRADE. HE AGAIN ENTERED MILITARY SERVICE NOVEMBER 26, 1948. THE OFFICE OF INTERNATIONAL TRADE WAS ABOLISHED OCTOBER 12, 1953, ITS FUNCTIONS HAVING BEEN TRANSFERRED TO THE BUREAU OF FOREIGN COMMERCE. EFFECTIVE OCTOBER 7, 1954, MR. BRYSON WAS RESTORED TO THE ROLLS OF THE OFFICE OF INTELLIGENCE AND SERVICES, BUREAU OF FOREIGN COMMERCE--- HAVING BEEN DISCHARGED FROM ACTIVE DUTY SEPTEMBER 2, 1954. HE WAS ON DUTY FOUR DAYS WHEN HE BECAME ILL, AND HAVING NO LEAVE RECORDS HIS OFFICE PLACED HIM ON LEAVE WITHOUT PAY, AND HE HAS BEEN CONTINUED IN THAT STATUS TO DATE.

YOU SAY THAT ALL OFFICIAL RECORDS OF THIS EMPLOYEE'S LEAVE ACCOUNT ARE MISSING FROM HIS PERSONNEL FILE AND THAT ON MAY 2, 1955, MR. BRYSON FURNISHED AN AFFIDAVIT THAT TO THE BEST OF HIS KNOWLEDGE HE HAD USED 11 DAYS' SICK LEAVE FROM JANUARY 1, 1947, THROUGH NOVEMBER 28, 1948. ON THE BASIS OF THAT STATEMENT HIS SICK LEAVE ACCOUNT WAS RECONSTRUCTED AND AS SO RECONSTRUCTED HIS LEAVE ACCOUNT SHOWS A BALANCE OF 116 HOURS' SICK LEAVE TO HIS CREDIT. THE VOUCHER ENCLOSED BY YOU WAS PROCESSED ON THAT RECONSTRUCTED RECORD FOR THE PURPOSE OF SUBSTITUTING THAT AMOUNT OF SICK LEAVE FOR THE LEAVE WITHOUT PAY WHICH WAS OCCASIONED BY THE ABSENCE OF OFFICIAL RECORD OF LEAVE.

IN 32 COMP. GEN. 310, WE HELD, QUOTING FROM THE SYLLABUS:

"EMPLOYEES WHO LOST LEAVE BY REASON OF TRANSFERRING TO POSITIONS HAVING DIFFERENT LEAVE SYSTEMS MAY NOT BE RECREDITED THEREWITH UNDER AUTHORITY OF THE ANNUAL AND SICK LEAVE ACT OF 1951 BASED UPON OTHER THAN OFFICIAL RECORD, HOWEVER, WHERE THE OFFICIAL RECORDS OF THE AGENCY IN WHICH THE EMPLOYEE WAS FORMERLY EMPLOYED HAVE BEEN LOST OR DESTROYED THERE MAY BE FURNISHED THE REQUESTING AGENCY A STATEMENT OF ANY OTHER EVIDENCE WHICH MAY BE AVAILABLE REGARDING THE EMPLOYEE'S LEAVE CREDIT, INCLUDING AN ESTIMATE OF THE AMOUNT OF LEAVE CREDIT, UPON THE BASIS OF WHICH STATEMENT, THE AGENCY IN WHICH EMPLOYEE IS CURRENTLY EMPLOYED MAY DETERMINE WHETHER A CREDIT FOR LEAVE MAY BE MADE.'

THE RATIONALE OF THAT DECISION IS FOR APPLICATION HERE; HENCE, IF IT BE ADMINISTRATIVELY DETERMINED ON THE BASIS OF ACCEPTABLE EXTRANEOUS EVIDENCE THAT THE EMPLOYEE IS ENTITLED TO 116 HOURS OF SICK LEAVE AS THE LEAVE ACCOUNT IS RECONSTRUCTED OUR OFFICE WOULD NOT BE REQUIRED TO OBJECT TO THE SUBSTITUTION OF THAT AMOUNT OF SICK LEAVE FOR LEAVE WITHOUT PAY AS PROPOSED BY THE VOUCHER. B-126325, JANUARY 9, 1956.