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B-212670 1 (1984-01-17)

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FILE :-212670

MATTEfIR OF:


DIGIEST:


MJATE:


January 17,


Mark Uadke


Where an employee  requests that his annual
and sick leave accounts  be adjusted to corn-
rect alleged errors made  in certifying his
leave balances at  the time of his transfer
from Oinawa  to Korea  in 1975, the determi-.
nation to adjust his  leave accounts and the
determination of  the amount of leave to be
credited are matters primarily  for the em-
ploying agency.  Where official  leave records
are not available,  the agency ma~y consider
appropriate secondary  records such as Time
and Attendance Reports,  Leave and Earnings
Statements, personal  leave records, or
statements of supervisors  or timekeepers,


     The  issue presented by the Department of the Army
is whether  the annual and sick leave account;s of an
employee may  be adjusted on the basis of secondary evi-
dence when  there are no official leave records from
which to reconstruct  the employee's leave retcords. The
employee's  leave records may be adjusted on the basis of
the secondary  evidence provided.

     Mr. Mark  Radke, an employee of the Department of
the Army, has  requested restoration of 320 hours of
annual leave and  80 hours of sick leave which he alleges
was not properly  credited to his account following his
transfer from Okinawa  to Korea on September 11,0 1975.
Noting that  there is no evidence that indicates that
Mr. Radke actually  used the leave and that he has con-
sistently attempted  to have the leave restored, the Army
does not object  to adjusting the leave balances,  How-
ever, it questions whether  the adjustment may be based
on secondary evidence  since the relevant leave records
have been destroyed.


     Mr. Radke
records in his


documents his claim with  secondary leave
possession.  These  include copies of four


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