About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-183551 1 (1975-11-28)

handle is hein.gao/gaobadcrl0001 and id is 1 raw text is: L THE COMPTROLLER GENERAL DECISI N . * OF THE UNITED STATES WASHING.TON. D. C. 20548 SITTv FILE: DATE: 1, N B-183551 MATTER OF: Sylvia Swartz-Change of Retirement Date to Grant Unused sick leave. DIGEST: Claimant became ill shortly before her separation and discontinued service retirement for refusal to accompany position incident to transfer of function. Later her retirement was changed to disability retirement. Although claimant alleges she was erroneously advised as to her options, she may not be restored to the rolls for the purpose of taking unused sick leave since leave was included in the computation of her annuity and, therefore, may not be restored. Also, record indicates claimant applied voluntarily for discontinued service retire- ment for personal reasons. This decision concerns the claim of Miss Sylvia Swartz for 273 hours of unused-sick leave accrued prior to her retirement from the Army Electronics Command (Command). Because of her unit's pending transfer of function from Philadelphia, Penn- sylvania, to Fort Monmouth, New Jersey, Miss Swartz on May 31, 1973, was offered a position at Fort Monmouth identical to the one she occupied in Philadelphia. She declined this offer of reassignment and by letter of December 12, 1973, she was . informed that in view of her rejection of the job offer the Comm=and proposed to separate her on March 1, 1974. On February 4, 1974, Miss Swartz entered the hospital for a serious operation. She left the hospital on February 27, 1974, and pursuant to her request of February 21, 1974, of which there is ncritten record, was granted sick leave until her separation which was extended to March 14, 1974. Miss Swartz states that her doctor advised her not to return to work because.of her physical condition. Accordingly, after she had recovered sufficiently from her operation, she went to the personnel office to fill out disability retirment papers on March 12, 1974. She states that at that time she was erroneously informed that the personnel office could not process her disability retirement because of its impendin- transfer to Fort Ionnmouth, and was advised to go on involuntary retirement and apply for disability within a year. Miss-Swartz followed this course of action. She states that ac of March 14, the date of her separation, she still had outstanding 273 hours of

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most