B-159017, MAY 10, 1966

B-159017, MAY 10, 1966

TO SAMUEL G. SMITH:

THIS IS IN REPLY TO YOUR UNSIGNED LETTER OF APRIL 14, 1966, APPEALING FROM OUR OFFICE SETTLEMENT OF MARCH 28, 1966, Z-2292221 DENYING YOUR CLAIM FOR COMPENSATION DUE ON APRIL 27, 1965, THE EFFECTIVE DATE OF YOUR RESIGNATION AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY AT FORT IRWIN, CALIFORNIA.

YOUR LETTER IS QUOTED IN PERTINENT PART AS FOLLOWS:

"IN REGARD TO YOUR CORRESPONDENCE OF MARCH 28, 1966, MAY I SAY THE FIGURES YOU STATED ARE INCORRECT. BUT, SHOULD THEY BE CORRECT, THEN THERE HAS BEEN SOME MANIPULATION OF FIGURES SINCE I LAST CHECKED MY LEAVE RECORD IN APRIL 1965.

"ON JANUARY 2, 1965, WHEN I WAS ASKED TO CHECK AND CONFIRM MY LEAVE STATUS, I HAD A BALANCE OF 46 HOURS. ON APRIL 13, 1965, I HAD A LEAVE CREDIT OF 69 HOURS, CHECKED AND CONFIRMED AT AND BY CIVILIAN PERSONNEL AT FT. ERWIN (SIC). WHILE ON LEAVE, I SHOULD HAVE EARNED AN ADDITIONAL SIX HOURS CREDIT. I KNOW NOTHING OF THE SIX HOURS ANNUAL LEAVE YOU REFER TO IN THE PAY PERIOD OF APRIL 25 THROUGH APRIL 27, 1965. I WASN-T AT FT. ERWIN (SIC) OR IT'S VICINITY DURING THAT PERIOD.

"NOW IN REGARD TO MY SALARY; I HAD THE FIRST TWO WEEKS WHICH, (STARTED WORKING AT FT. ERWIN) WERE HELD, TWO WEEKS OR 76 HOURS ANNUAL LEAVE, AND ONE WEEK IN THE FIRST HALF OF THE APRIL PAY PERIOD. (5TH THROUGH 9TH, TWO HOURS WORKED ON THE FIRST DAY OF MY LEAVE). FOR THIS FIVE WEEK PERIOD MY SALARY SHOULD HAVE BEEN IN THE NEIGHBORHOOD OF $370.00. TO DATE I HAVE BEEN COMPENSATED $276.10 WHICH, INCLUDES A CHECK RECEIVED WHILE ON VACATION. SO, THERE IS THE QUESTION OF $93.90 OR SOMETHING NEAR IT OR MORE.'

WITH RESPECT TO ANNUAL LEAVE CREDIT YOUR LEAVE RECORD SHOWS A BALANCE OF 43 HOURS AT THE END OF 1964. THIS TOTAL WAS PICKED UP AS THE BEGINNING FIGURE IN YOUR 1965 LEAVE RECORD AND NOT THE FIGURE OF 46 HOURS AS YOU ASSERT.

FOR THE SEVEN PAY PERIODS FROM JANUARY 3 THROUGH APRIL 10, 1965, YOU EARNED 42 HOURS ANNUAL LEAVE (7 TIMES 6 HOURS PER PERIOD). DURING THE SAME PERIOD YOUR RECORD SHOWS THAT YOU TOOK 17 HOURS ANNUAL LEAVE. SO, AS OF APRIL 10, 1965, YOU HAD 42 HOURS PLUS 43 HOURS OR 85 HOURS, LESS 17 HOURS USED, OR 68 HOURS ACCRUED ANNUAL LEAVE TO YOUR CREDIT.

YOUR TIME AND ATTENDANCE REPORT FOR THE PERIOD IN QUESTION SHOWS THAT ON MONDAY, APRIL 12, 1965, YOU WENT ON ANNUAL LEAVE AND REMAINED IN THAT STATUS THROUGH THE EFFECTIVE DATE OF YOUR RESIGNATION ON TUESDAY, APRIL 27, 1965, EXCEPT FOR 2 HOURS WORKED ON TUESDAY, APRIL 13, 1965. THIS 2 HOURS PLUS THE 68 HOURS OF ANNUAL LEAVE CREDIT MENTIONED ABOVE ACCOUNTED FOR 70 OUT OF THE TOTAL OF 80 WORKING HOURS IN THE PAY PERIOD APRIL 11-24, 1965, WITH THE OTHER 10 HOURS, OF NECESSITY, BEING CHARGED TO LEAVE WITHOUT PAY. THUS, YOU USED UP ALL THE ANNUAL LEAVE WHICH YOU PREVIOUSLY HAD TO YOUR CREDIT BY FRIDAY, APRIL 23, 1965.

HOWEVER, YOU ACCRUED 6 HOURS ANNUAL LEAVE IN THE PERIOD APRIL 11-24 WHICH WAS GRANTED TO YOU ON MONDAY, APRIL 26, 1965, AND YOU WERE THEN CARRIED IN A LEAVE WITHOUT PAY STATUS THROUGH TUESDAY, APRIL 27, THE EFFECTIVE DATE OF YOUR RESIGNATION.

WITH RESPECT TO THE SALARY ITEMS THE ACTIVITY ADVISES THAT PAY IS NOT WITHHELD FOR TWO WEEKS UPON INITIAL EMPLOYMENT SINCE CHECKS ARE ISSUED THE WEEK FOLLOWING THE END OF THE PAY PERIOD.

YOU WERE PAID THE USUAL NET SUM $135.17 THAT YOU ORDINARILY RECEIVED FOR THE PERIOD MARCH 28 - APRIL 10, 1965. SINCE, AS POINTED OUT ABOVE, YOU COULD ONLY BE CREDITED WITH 70 HOURS OF ANNUAL LEAVE AND WORK FOR PAY PURPOSES IN THE PERIOD APRIL 11 - APRIL 24, 1965, YOU WERE ONLY ENTITLED TO A LESSER NET PAY OF $118.47. YOU ALSO WERE PAID A NET AMOUNT OF $9 IN THE PAY PERIOD COMMENCING APRIL 25, 1965, AS A RESULT OF THE SIX-HOUR LEAVE GRANTED TO YOU ON APRIL 26, 1965. THESE LAST TWO CHECKS WERE RELEASED TO THE USMC SUPPLY CENTER CREDIT UNION IN ACCORDANCE WITH YOUR POWER OF ATTORNEY, DATED JANUARY 19, 1965.

BASED ON THE ABOVE-MENTIONED RECORDS YOUR LEAVE AND PAY FOR THE PERIOD IN QUESTION HAVE BEEN CORRECTLY CALCULATED AND YOU HAVE RECEIVED THE COMPENSATION TO WHICH YOU WERE ENTITLED.

IT IS NOTED THAT YOUR LETTER OF APRIL 25, 1965, TO THE PAYROLL CLERK AT FORT IRWIN ASKING HIM TO RELEASE THE THREE WEEKS PAY THAT WAS DUE YOU TO THE FEDERAL CREDIT UNION SHOWS A MISUNDERSTANDING ON YOUR PART AS TO THE AMOUNT OF COMPENSATION YOU WERE ENTITLED TO AT THAT TIME. AS OF THE TIME OF THE WRITING YOU WERE ENTITLED TO LESS THAN TWO WEEKS PAY.

FOR THE REASONS SET FORTH ABOVE OUR PRIOR SETTLEMENT MUST BE AND IS SUSTAINED.