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B-179965 1 (1974-07-18)

handle is hein.gao/gaobadcct0001 and id is 1 raw text is: THE COMPTROLLER GENERAL :DE ISIDN 1 OF THE UNITED STATES W A S HIZ'/ WASHINGTON. D. C. 20548 FILE: B.179965 DATE: July 18, 1974 ~ ~AJTE R OF: O BackFpy and damaes for loss of home while employee vas on leave [DIGEST. Although civilian emloyee was absent on said leave and leave without ay pending Civil Service Commission determination of his .nnoication for cticabilitv retire- ment, he is not entitled to beaK Pay cturing sucih peri:od of absence from duty rmon Comission disallowance of such apolication since there is r evidence that such leave was involuntary and that emoloyee was ready, villing and able to work during such period; also, tnere is no legal basis to reimburse him for the loss of his home due to foreclosure of mortgae during such period. This action is a rviewt of the dicallowance by our Transwortation and Claims Division of the claim of William C. Baure, a former employee of the Erie Army Depot, for back pay during the period October 13, 1'4, to July 19, 1965, when he was in a leave-without-vay status, and for amounts stated to be due for the loss of his hom during such period. Mr. Burke was employed by the Department of the Ariry at its Erie 17, Arry Denot, Port Clinton, Ohio, as a auided missile mechanical installer and reoairer. 1M1r. Durke states that his left car became infectcd an d that he felt the inrection was caused by his work conditions. After con- sultation with a doctor it was planned that he would enter the Veterans k ' Administration Hospital at Cleveland, Ohio, on October 2, 19S4. Mr. Burke states that his recuest for advance sick leave was denied and, while he was auite ill and not fully aware of what he was doing, he applied for disability retirement on Sentember 30, 196. Rearding this action Mr. Durke allees that the Erie Arnor Devot was being closed down and agency personnel suggested his retirement prior to his going into the hospital. It appears that Mr.. wke was in a paid leave status until October 13, 1964, when he was placed on leave without pay. lie states that he was released from the hospital on November 1, 1964, and that during December 1964 he tried without success to get his retirement application rescinded. He states that by January 1965 he was without funds and lost his bom through foreclosure of the sortgage which began in March 1965.

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