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B-212738 1 (1984-02-14)

handle is hein.gao/gaobadlnm0001 and id is 1 raw text is: THE COMPTROLLER GENERAL 0ECl18ION - . OP THE UNITED 8TATEN WSHINGTON. 0. C. 20548 FILE: B-212738 DATE: February 14, 1984 MATTER OF: Daniel F. Cejka - Accrual of Annual Leave - Temporary Disability Retired List DIGEST: 1. A servicemember received a Veterans Readjustment Appointment (5 C.F.R. Part 307), as a civilian employee during the time his name was on the Temporary Disability Retired List (TDRL) (10 U.S.C. S§ 1202 and 1205) and was credited with his military service for annual leave accrual purposes (5 U.S.C. S 6303). Under those provisions retired service- members may only receive such credit for leave purposes in limited circum- stances. Since temporary retirement is retirement, and since the member's disability does not meet the criteria stated in 5 U.S.C. § 6303(a)(A)(i) or Iii), nor does his service time qualify under 5 U.S.C. S 6303(a)(B) or (C), so long as he remains in a TDRL status, none of his service time may be credited for annual leave accrual purposes. 2. A servicemember who received a Veterans Readjustment Appointment to a civilian position during the time his name was on the Temporary Disability Retired List, was not entitled to credit his military service time for annual leave accrual under 5 U.S.C. S 6303. On question as to whether impediment to crediting such service is removed upon subsequent removal of his name from that list, upon removal, a member is either retired for permanent disabil- ity, separated from the service with severance pay, or returned to active duty for full duty, or for retirement for length of service. Only the con- dition of separation with severance

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