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A Marshals Service employee requested reconsideration of his denied claim for leave benefits. GAO had held that the claimant was not entitled to retroactive leave benefits as an intermittent employee, since he did not clearly establish that he served regularly scheduled duty. In his request for reconsideration, the claimant contended that: (1) the Service erroneously suggested that it had not assigned the claimant regularly scheduled duty; and (2) he worked regularly scheduled duty. GAO held that the claimant did not produce sufficient evidence that his work load exceeded the expected work load of an intermittent employee. Accordingly, the prior decision was affirmed.


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