B-177286, JUN 6, 1973
Highlights
WALKER: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MARCH 29. INDICATING THAT YOU WERE PAID 60 DAYS' ACCRUED LEAVE AT THAT TIME. YOU STATE THAT YOU WERE PAID FOR 36 DAYS OF LEAVE AND AGAIN CLAIM COMPENSATION FOR 24 DAYS OF LEAVE. FINAL SETTLEMENT OF LEAVE IS MADE ON THE BASIS OF THIS RECORD. PROVIDES THAT A MEMBER OF THE ARMED FORCES IS ENTITLED TO LEAVE AT THE RATE OF 2 1/2 CALENDAR DAYS FOR EACH MONTH OF ACTIVE SERVICE. WHILE THE DD FORM 214N ISSUED TO YOU UPON YOUR RELEASE FROM ACTIVE DUTY INDICATES THAT YOU HAD ACCRUED 60 DAYS' LEAVE FOR WHICH YOU WERE PAID. THIS ENTRY IS NOT SUPPORTED BY THE OFFICIAL LEAVE AND PAY ACCOUNT RECORDS. THE OFFICIAL PAY RECORDS SHOW THAT YOU WERE PAID FOR 36 DAYS' LEAVE AT THAT TIME WHICH YOU ADMIT RECEIVING.
B-177286, JUN 6, 1973
DECISION SUSTAINING, UPON REVIEW, OF DISALLOWANCE OF CLAIM FOR ADDITIONAL COMPENSATION FOR ACCRUED LEAVE UPON RELEASE FOR ACTIVE DUTY. DISALLOWANCE AFFIRMED.
TO MR. MICHAEL L. WALKER:
FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MARCH 29, 1973, TO OUR TRANSPORTATION AND CLAIMS DIVISION IN WHICH YOU, IN EFFECT, REQUEST RECONSIDERATION OF OUR DECISION DATED NOVEMBER 27, 1972, B-177186, SUSTAINING THE DISALLOWANCE OF YOUR CLAIM FOR ADDITIONAL COMPENSATION FOR ACCRUED LEAVE UPON YOUR RELEASE FROM ACTIVE DUTY.
YOU ENCLOSED A COPY OF A REPORT OF TRANSFER OR DISCHARGE (DD FORM 214N) ISSUED TO YOU UPON YOUR RELEASE FROM ACTIVE DUTY ON JANUARY 23, 1972, INDICATING THAT YOU WERE PAID 60 DAYS' ACCRUED LEAVE AT THAT TIME. YOU STATE THAT YOU WERE PAID FOR 36 DAYS OF LEAVE AND AGAIN CLAIM COMPENSATION FOR 24 DAYS OF LEAVE, THE DIFFERENCE BETWEEN THE 60 DAYS SHOWN ON THE DD FORM 214N AND THE 36 DAYS LEAVE FOR WHICH YOU RECEIVED PAYMENT.
AS STATED IN OUR DECISION TO YOU ON NOVEMBER 27, 1972, THE PRIMARY RESPONSIBILITY FOR LEAVE ACCOUNTING, IN ACCORDANCE WITH ARTICLE 3020200 1, BUREAU OF NAVAL PERSONNEL MANUAL, RESTS WITH THE DISBURSING OFFICER WHO MAINTAINS THE RECORD OF LEAVE ON EACH MEMBER'S PAY RECORD. FINAL SETTLEMENT OF LEAVE IS MADE ON THE BASIS OF THIS RECORD.
SECTION 701 OF TITLE 10, U.S. CODE, PROVIDES THAT A MEMBER OF THE ARMED FORCES IS ENTITLED TO LEAVE AT THE RATE OF 2 1/2 CALENDAR DAYS FOR EACH MONTH OF ACTIVE SERVICE. UNDER THE PROVISIONS OF 37 U.S.C. 501(F), PAYMENT MAY NOT BE MADE FOR LEAVE IN EXCESS OF 60 DAYS UPON DISCHARGE OR RETIREMENT.
WHILE THE DD FORM 214N ISSUED TO YOU UPON YOUR RELEASE FROM ACTIVE DUTY INDICATES THAT YOU HAD ACCRUED 60 DAYS' LEAVE FOR WHICH YOU WERE PAID, THIS ENTRY IS NOT SUPPORTED BY THE OFFICIAL LEAVE AND PAY ACCOUNT RECORDS. THE LEAVE RECORD BEFORE US SHOWS THAT AT THE TIME OF YOUR RELEASE FROM ACTIVE DUTY YOU HAD AN UNUSED LEAVE BALANCE OF 35 1/2 OR 36 DAYS. THE OFFICIAL PAY RECORDS SHOW THAT YOU WERE PAID FOR 36 DAYS' LEAVE AT THAT TIME WHICH YOU ADMIT RECEIVING. IT IS UNFORTUNATE THAT DUE TO ADMINISTRATIVE FAILURE TO TIMELY RECORD A PERIOD OF LEAVE (24 DAYS) TAKEN BY YOU, YOU PROCEEDED TO USE THAT PORTION OF YOUR LEAVE WHICH YOU BELIEVED TO BE IN EXCESS OF 60 DAYS. WHILE THIS HAD THE EFFECT OF REDUCING YOUR ACCRUED LEAVE BELOW THE 60-DAY LEVEL WHICH YOU HAD HOPED TO BE COMPENSATED FOR, YOU WERE IN FACT GRANTED LEAVE WITH PAY AND RECEIVED A LUMP-SUM PAYMENT ON RELEASE FROM ACTIVE DUTY FOR ALL OF THE LEAVE WHICH YOU WERE AUTHORIZED BY LAW TO ACCRUE AND THERE IS NO AUTHORITY FOR THE PAYMENT OF AN ADDITIONAL AMOUNT.
ACCORDINGLY, ON THE RECORD BEFORE US, THE DECISION OF NOVEMBER 27, 1972, IS AFFIRMED.