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B-188993 1 (1977-12-12)

handle is hein.gao/gaobadfjg0001 and id is 1 raw text is: DECISION . THE DCMPTROLL.EP sONEPAL OP THlE UINITED CrrATEE WABHINGTON, D. C. 20543 DATE: December 12, 1977 Patrick J. Quinlan - Forfeited and Restored Annual Leave Upon separation, January 4, 197), employee seeks further restoration ind lump-sum payment for 160 hours of unused forfeited and restored 1973 leave which was forfeited again at end of 1975 leave year, on grounds he Intended to use but agency erroneously ctarged regular leave ccount, or he was prevented from using by illness. Claim must be denied. Once forfeited and restored leave is forfeited again, there is no legal authority for its further restoration or to pay for it. By letter dated March 1, 1977, Mr. W. F. Urice, Accounting and Finance Officer, Defense Depot Memphis. Defense Logistics Agency, requests a decision as to whethor Mr. PatrickrJ. Quinlan, who retired on disability on.Janviary 4, 1977, ,is encitled to a lump- sum payment for 160 hours of forfeited apA restored 1973 annual leave which was forfeited again at the end of the 1975 leave years The relevant circumstances insofar as can be determined from the file appear to be -as fol lows. After being evacuated from Vietnam under emergency conditions in April 1975, Mr. Quinlan was- temporarily assigned to MacDill Air Force Base, Florida, for ap- proximately 2 months. During this period he used 6 days or 48 hours of annual leave. On June 29, 1975, he was assigned to the Defense Property Disposal Office, Tinker Air Force Base, Oklahoma. A Record of Leave Data was received from.his former employing office on August 18, 1975, indicating that he had to his credit 160 hours of restored annual leave for the 1973 leave year, 8 hours restored for the 1974 leave year, and 376 hours of regular annual leave. A corrected leave record was received January 15, 1976, changing the 1974 restored leave from 8 to 96 hours. At issue here as previously irdicated, is the 160 hours of 1973 leave. It is stated in the file that there is no record of the datc or the basis of the restoration of the 1973 leave, but that it is assumed that the reason for not using the leave was the exigencies of the public business. However, it is further stated in the file that the record does show that this leave had to be used by ~i~j C i IB FILE: 3-188993 MATTER OF: DIGEST:

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