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B-189895 1 (1977-11-02)

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                        THE  COMPTROLLER GENERAL
DECISION ..moP THE uFITErU ETATUS
                        WASHINGTON. D. C. 20548


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FILE: B-189895


DATE: November 2, 197


MATTER  OF:  Ralph R. Sturges - Change of Separation
             Date


DIGEST:


Employee committed suicide approximately
2 months after voluntary resignation.
Although employee's initial memorandum
presented agency with alternative of
granting leave or accepting resignation,
subsequent documents show employee in-
tended resignation.  Separation date may
not be changed for purpose of granting
sick leave, annual leave, and leave  i..:th-
out pay until deathl because such date may
not be changed in absence of violation of
regulation or administrative error failing
to effect intent of parties.


     By a letter dated August 11, 1977, Mr. Frank G.
Healey, Director of Personnel, Federal Home Loan Bank
Board (FHLBB), requested our decision concerning the
propriety of revising that agency's administrative
records regarding the date on which Mr. Ralph R. Sturges
separated from that agency.

     The record indicates that Mr. Sturgeo was appointed
on September 21, 197E, as a Savings and Loan Examiner,
grade 'S-5, in San Ftancisco, California. He was pro-
moted 'to grade GS-7 on October 10, 1976. On February 3,
1977, he submitted to his immediate supervisor a memo-
randum captioned Subiect: Emergency Leave (or Resig-
nation - take your choice), which stated as follows:

     Until further notice consider me to be on
     emergency leave effectire 8:00 A.M. today
     or to have resigned effcctive today.

     Enclosed is a check for $400 to cover my
     travel advance in case I do not return to
     work.

     If this is to be my resignation, please
     have my final check sent to 112 Esplanade
     1255, Pacifica, Calif. 94044 if sent prior


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