B-130062, FEB. 4, 1957

B-130062, FEB. 4, 1957

TO MRS. KATIE HAMPTON:

YOUR LETTER OF NOVEMBER 7, 1956, REQUESTS REVIEW OF OUR OFFICE SETTLEMENT OF AUGUST 31, 1956, WHICH DISALLOWED YOUR CLAIM FOR PAYMENT OR CREDIT FOR 308 HOURS OF LEAVE IMPROPERLY CHARGED TO YOUR LEAVE ACCOUNT DURING THE PERIOD JUNE 17 TO AUGUST 9, 1947.

EVIDENCE OF RECORD DISCLOSES THAT ON MAY 12, 1947, YOU WERE GIVEN A REDUCTION-IN-FORCE NOTICE AND ADVISED THAT YOU WERE TO BE PLACED IN A FURLOUGH STATUS FOR ONE YEAR IMMEDIATELY FOLLOWING THE CLOSING ON MAY 23, 1947, OF THE SCHOOL IN WHICH YOU WERE EMPLOYED. YOU WERE ADVISED THAT YOU WOULD BEGIN YOUR ANNUAL LEAVE ON MAY 25 AND REMAIN IN NON DUTY STATUS FOR THE DURATION OF YOUR ACCUMULATED LEAVE WHICH, AS OF MAY 25, WOULD AMOUNT TO 804 HOURS. ACCORDINGLY, YOU WERE CARRIED IN AN ANNUAL LEAVE STATUS DURING THE PERIOD MAY 25 TO JUNE 16, 1947, INCLUSIVE. ON JUNE 17, 1946, YOU WERE REQUESTED TO RETURN TO DUTY AT THE EUCHEE BOARDING SCHOOL AND TO REMAIN THERE UNTIL INVENTORY AND DISPOSITION OF THE SCHOOL PROPERTY HAD BEEN ACCOMPLISHED. YOU RENDERED SERVICE DURING THE PERIOD JUNE 17 TO AUGUST 9, 1947. THROUGH ADMINISTRATIVE ERROR, HOWEVER, YOU WERE CHARGED ANNUAL LEAVE FOR THIS PERIOD. FROM AUGUST 10 TO SEPTEMBER 1, 1947, YOU RENDERED SERVICES, AND WERE CARRIED IN A DUTY STATUS. THE ORIGINAL REDUCTION IN FORCE NOTICE WAS SUPERSEDED BY A NOTICE DATED AUGUST 31, 1947. YOU WERE CARRIED IN AN ANNUAL LEAVE STATUS FROM SEPTEMBER 1 TO NOVEMBER 24, 1947, WHEN YOU TRANSFERRED WITHOUT A BREAK IN SERVICE TO THE TULSA DISTRICT, CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY. THE ANNUAL LEAVE BALANCE CERTIFIED TO THE DEPARTMENT OF THE ARMY WAS ONLY 4 HOURS, RATHER THAN THE 324 HOURS TO WHICH YOU ACTUALLY WERE ENTITLED.

BT STANDARD FROM NO. 1150, DATED JANUARY 25, 1955, PREPARED BY PAUL L. FICHINGER, AREA DIRECTOR AND AUTHORIZED CERTIFYING OFFICER, A COPY OF WHICH WAS TRANSMITTED WITH YOUR CLAIM, THE DEPARTMENT OF INTERIOR ADVISED THE DEPARTMENT OF THE ARMY OF YOUR CORRECT LEAVE BALANCE. ALTHOUGH YOU SAY THAT YOU HAVE NEVER BEEN INFORMED BY THE DEPARTMENT OF THE ARMY THAT THE 320 HOURS INVOLVED WAS ADDED TO YOUR RECORD OR WAS AVAILABLE FOR YOUR USE, THAT DEPARTMENT, IN RESPONSE TO OUR INQUIRY, SUBMITTED CORRECTED COPIES OF STANDARD FORMS NO. 1137, LEAVE RECORD FOR THE YEARS 1948 THROUGH 1954, EXCEPT THE YEAR 1950, FOR WHICH RECORDS COULD NOT BE LOCATED. COPIES OF THE CORRECTED LEAVE RECORDS FOR THE YEARS 1948 AND 1949, ARE ENCLOSED. THE CORRECTED RECORD FOR 1948 INDICATES A BEGINNING BALANCE OF 336 HOURS OF ANNUAL LEAVE AND AN ENDING BALANCE OF 528 HOURS. DURING THE PERIOD HERE INVOLVED THE ACCUMULATION OF LEAVE WAS GOVERNED BY SECTION 1 OF THE ACT OF MARCH 14, 1936, 49 STAT. 1161, 5 U.S.C. 30B (1946 ED.), AS AMENDED BY THE ACT OF JULY 25, 1947, 61 STAT. 449, 451, AT PAGE 453. FAR AS PERTINENT HERE, THE SECTION PROVIDED:

"* * * ALL CIVILIAN OFFICERS AND EMPLOYEES OF THE UNITED STATES WHEREVER STATIONED AND OF THE GOVERNMENT OF THE DISTRICT OF COLUMBIA, REGARDLESS OF THEIR TENURE, IN ADDITION TO ANY ACCRUED LEAVE, SHALL BE ENTITLED TO TWENTY-SIX DAYS' ANNUAL LEAVE WITH PAY EACH CALENDAR YEAR, EXCLUSIVE OF SUNDAYS AND HOLIDAYS: PROVIDED, THAT THE PART UNUSED IN ANY YEAR SHALL BE ACCUMULATED FOR SUCCEEDING YEARS UNTIL IT TOTALS NOT EXCEEDING SIXTY DAYS. * * * THE ANNUAL LEAVE HEREIN AUTHORIZED SHALL BE GRANTED AT SUCH TIMES AS THE HEADS OF THE VARIOUS DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS MAY PRESCRIBE. * * *"

IN VIEW OF THESE CLEAR PROVISIONS, IT READILY WILL BE SEEN THAT YOU LEGALLY COULD CARRY OVER ONLY SIXTY DAYS (480 HOURS) OF ANNUAL LEAVE AT THE BEGINNING OF THE YEAR 1949. THE OPERATION OF THE LAW NECESSARILY RESULTED IN A FORFEITURE OF 48 HOURS OF ANNUAL LEAVE. THE CORRECTED RECORDS SHOW A SIMILAR FORFEITURE OF 188 HOURS FOR 1949. ALSO, IT APPEARS THAT YOU FORFEITED 75 HOURS FOR 1952, 39 HOURS FOR 1953, AND 23 HOURS FOR 1954. AT NO TIME THEREAFTER HAS THERE BEEN IN EFFECT ANY PROVISION OF LAW UNDER WHICH YOU COULD BE CREDITED WITH ANY PART OF THE FORFEITED LEAVE. SEE, IN THIS CONNECTION SECTIONS 203 (E) AND 208 (A) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, 65 STAT. 680, AS AMENDED BY THE ACT OF JULY 2, 1953, 67 STAT. 136, 5 U.S.C. 2062 (C) AND 2066 (A). ALSO SEE GENERALLY 35 COMP. GEN. 121, 123.

AS TO YOUR REITERATED REQUEST FOR PAYMENT OF THE MONETARY VALUE OF THE FORFEITED LEAVE, YOU ARE ADVISED THAT THE ONLY AUTHORITY OF LAW FOR THE PAYMENT OF ACCRUED ANNUAL LEAVE IS THAT CONTAINED IN THE ACT OF DECEMBER 21, 1944, 58 STAT. 845, 5 U.S.C. 61B. IN EFFECT, THAT ACT PROVIDES THAT AN EMPLOYEE MAY BE PAID COMPENSATION FOR ACCUMULATED AND ACCRUED ANNUAL LEAVE ONLY UPON SEPARATION FROM SERVICE OR UPON ELECTING TO RECEIVE A LUMP SUM THEREFOR IN CONNECTION WITH HIS ENTRY INTO ACTIVE SERVICE IN THE LAND OR NAVAL FORCES OF THE UNITED STATES. THERE IS NO AUTHORITY OF LAW FOR PAYMENT OF A LUMP-SUM FOR LEAVE FORFEITED THROUGH OPERATION OF STATUTES LIMITING THE ACCUMULATION OF LEAVE, EVEN THOUGH THE FORFEITURE MAY HAVE RESULTED FROM ADMINISTRATIVE ERROR.

ACCORDINGLY, THE SETTLEMENT OF AUGUST 31, 1956, WAS CORRECT IN RESULT AND IS HEREBY SUSTAINED.