Reconsideration of Disallowance of Claim for Restoration of Annual Leave

B-177275: Feb 2, 1973

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[REDACTED]'S CLAIM CANNOT BE ALLOWED SINCE THERE ARE NO LEAVE RECORDS TO ESTABLISH THAT ANY ERROR OCCURRED IN HIS ANNUAL LEAVE ACCOUNT. THE FACTS INVOLVED WERE STATED IN OUR OFFICE SETTLEMENT OF AUGUST 10. YOUR CLAIM FOR RECREDITING THE ANNUAL LEAVE WAS DISALLOWED ON THE GROUND THAT THERE WERE NO RECORDS TO ESTABLISH THAT ANY ERROR HAD OCCURRED IN YOUR ANNUAL LEAVE ACCOUNT. HAD AN ANNUAL LEAVE CARRYOVER BALANCE OF 480 HOURS AND EITHER AT THE TIME OF THE TRANSFER OR SHORTLY THEREAFTER YOUR ACCRUED MAXIMUM LEAVE CARRYOVER BALANCE WAS ERRONEOUSLY REDUCED TO AN OUTSTANDING BALANCE OF 393 HOURS OR A NET REDUCTION OF 87 HOURS. THERE ARE NO LEAVE RECORDS AVAILABLE FOR THE YEARS 1961. 1963 OTHER THAN A COPY OF SF 1137 WHICH WAS PREPARED AT THE TIME OF YOUR TRANSFER FROM LACKLAND AIR FORCE BASE TO LAUGHLIN AIR FORCE BASE IN APRIL 1962.

B-177275, FEB 2, 1973

CIVILIAN PERSONNEL - RESTORATION OF ANNUAL LEAVE ALLEGED ADMINISTRATIVE ERROR DECISION AFFIRMING A DENIAL OF THE CLAIM OF                  FOR RESTORATION OF ANNUAL LEAVE ALLEGEDLY DUE HIM AS AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE.                  CLAIM CANNOT BE ALLOWED SINCE THERE ARE NO LEAVE RECORDS TO ESTABLISH THAT ANY ERROR OCCURRED IN HIS ANNUAL LEAVE ACCOUNT. STATEMENTS BY PERSONNEL OVER 10 YEARS AFTER THE TIME OF THE ALLEGED ERROR WOULD NOT CHANGE THIS RESULT.

TO MR. 

THIS REFERS TO YOUR LETTER OF SEPTEMBER 24, 1972, REQUESTING RECONSIDERATION OF OUR OFFICE SETTLEMENT OF AUGUST 10, 1972, WHICH DISALLOWED YOUR CLAIM FOR RESTORATION OF ANNUAL LEAVE BELIEVED TO BE DUE YOU AS AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE.

THE FACTS INVOLVED WERE STATED IN OUR OFFICE SETTLEMENT OF AUGUST 10, 1972, TO YOU, AND NEED NOT BE REPEATED HERE EXCEPT AS PERTINENT TO THE PRESENT DISCUSSION OF THE CASE. YOUR CLAIM FOR RECREDITING THE ANNUAL LEAVE WAS DISALLOWED ON THE GROUND THAT THERE WERE NO RECORDS TO ESTABLISH THAT ANY ERROR HAD OCCURRED IN YOUR ANNUAL LEAVE ACCOUNT, SUCH RECORDS HAVING BEEN DESTROYED IN ACCORDANCE WITH REGULATIONS ISSUED PURSUANT TO LAW.

YOU SAY THAT ON APRIL 28, 1962, YOU TRANSFERRED FROM LACKLAND AIR FORCE BASE, TEXAS, TO LAUGHLIN AIR FORCE BASE, TEXAS, AND HAD AN ANNUAL LEAVE CARRYOVER BALANCE OF 480 HOURS AND EITHER AT THE TIME OF THE TRANSFER OR SHORTLY THEREAFTER YOUR ACCRUED MAXIMUM LEAVE CARRYOVER BALANCE WAS ERRONEOUSLY REDUCED TO AN OUTSTANDING BALANCE OF 393 HOURS OR A NET REDUCTION OF 87 HOURS. AS STATED IN OUR OFFICE SETTLEMENT OF AUGUST 10, 1972, THERE ARE NO LEAVE RECORDS AVAILABLE FOR THE YEARS 1961, 1962, AND 1963 OTHER THAN A COPY OF SF 1137 WHICH WAS PREPARED AT THE TIME OF YOUR TRANSFER FROM LACKLAND AIR FORCE BASE TO LAUGHLIN AIR FORCE BASE IN APRIL 1962. THAT FORM SHOWS THAT AT THE BEGINNING OF THE 1962 LEAVE YEAR YOU CARRIED OVER 480 HOURS OF ANNUAL LEAVE FROM 1961 AND, THROUGH APRIL 28, 1962, THE DATE OF YOUR TRANSFER, YOU HAD USED 213 HOURS ANNUAL LEAVE LEAVING A BALANCE OF 331 HOURS WHICH WAS TRANSFERRED WITH YOU TO LAUGHLIN AIR FORCE BASE.

WE POINT OUT THAT IF YOU HAD USED NO MORE LEAVE FOR THAT YEAR YOUR CEILING WOULD HAVE BEEN REDUCED TO 475 HOURS. ALSO, IT IS POSSIBLE THAT IN SUBSEQUENT YEARS YOU USED MORE LEAVE THAN YOU ACCRUED SO AS TO REDUCE YOUR CEILING TO 393 HOURS.

A STATEMENT FROM AN ACCOUNTING OFFICER WHICH YOU OFFER TO FURNISH TO THE EFFECT THAT AT SOME PRIOR DATE HE WAS WILLING TO ADJUST YOUR ANNUAL LEAVE RECORD WOULD SERVE NO USEFUL PURPOSE SINCE THERE WOULD HAVE TO BE RECORDS AVAILABLE TO SHOW THAT AN ERROR HAD OCCURRED TO WARRANT SUCH AN ADJUSTMENT. AS TO A STATEMENT FROM A COLONEL SHOWING THAT CHRISTMAS HOLIDAY LEAVE THAT YOU HAD SCHEDULED IN 1962 WAS CANCELLED BECAUSE OF THE NEED OF YOUR SERVICES WOULD NOT BE ACCEPTABLE AS EVIDENCE TO SHOW THE NUMBER OF HOURS OF ANNUAL LEAVE CARRIED OVER AT THE END OF THE LEAVE YEAR. ANY STATEMENT OR AFFIDAVITS ISSUED ABOUT 10 YEARS AFTER THE ACTUAL HAPPENING OF AN EVENT, PREDICATED SOLELY UPON MEMORY WOULD BE OF LITTLE EVIDENTIARY VALUE. OF COURSE, ANY MATERIAL YOU WISH TO SUBMIT WILL BE CAREFULLY CONSIDERED.

ACCORDINGLY, WE FIND NO BASIS FOR ANY DIFFERENT VIEW THAN THAT EXPRESSED IN OUR OFFICE SETTLEMENT OF AUGUST 10, 1972.

 

 

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