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B-184762 1 (1976-07-27)

handle is hein.gao/gaobaddmf0001 and id is 1 raw text is: MALFR C m THE COMPTROLLER GENERAL DE-CISION ( . OF THE. UNITED STATES WASHINGTON. D.C. 20548 FILE: B-184762 DATE: JUL V1 4976 MATTER OF: James Andrews -- Restoration of forfeited annual leave DIGEST: Employee who applies for disability retirement effective December 31, 1974, and requests LWOP between January 1 and January 11, 1975, the end of the leave year in order to be off the rolls by January 1, 1975, to qualify for a larger annuity would not be entitled to payment under 5 U.S.C. 9 6304 since the forfeiture of annual leave was by operation of 5 U.S.C. 5551(a). This advance decision is rendered in response to a request received on August 15, 1975, from Captain J.D. Driskill, United States Air Force, Accounting and Finance Officer Comptroller Division, 803d Combat Support Group (SAC), Davis-Monthan Air Force Base, Arizona 85707. Captain Driskill has asked our decision on a claim by Mr. James Andrews, formerly a civilian employee at Davis- Monthan Air Force Base, for restoration of 56 hours of accrued annual leave which were forfeited and a lump-sum settlement therefor. Mr. Andrews is a former employee of the Military Aircraft Storage and Disposition Center which issued notice to its employees during February 1974 that there would be a stand down from normal operations from December 22 through December 31, 1974. Mr. Andrews had tentatively scheduled annual leave to be taken during the stand down period. Mr. Andrews entered sick leave status on August 19, 1974, and remained in a combination of sick and annual leave status until 3:15 p.m. on December 31, 1974. He requested that he be placed on leave-without-pay (LWOP) status effective after the workday of December 31, 1974, thus preserving his right to an increased pen- sion in anticipation of a disability retirement for which he had also applied. Mr. Andrews remained on LWOP status from that time until his disability retirement was approved on February 24, 1975, to be effective as of January 1, 1975. O) (I (7

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