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B-190263 1 (1978-07-05)

handle is hein.gao/gaobadgdz0001 and id is 1 raw text is: 'f 4 0 THE COMPTROLL.E GE CECISIC1 Us¼eCj L OF t4r UNITEC STATe W A BH I NOTTON. 0.0C. @705 4 V FILE: B-190263 DATE: July 5, 1976 MATTER OF: Gerard W. Caprio - Restoration of Forfeited Annual Leave DIGEST: HUD employee, who while on sick leave during sustained illness, requested in writing on October 23, 1976, that his excess annual leave be carried-over into next leave year. Such a request was not administratively acted upon and such excess annual leave was forfeited. Leave may be restored and payment made to employee, now retired for disability because employee timely requested leave, and agency failure to schedule constituted administrative error withn purview of 5 U. S. C. 6304(d)(1)(A) (Supp ilI, 1973). Cf. Matter of William D. Noraworthy, 8-18828*. March 7, 1978, 57 Comp. Gen. , and Matter of John Connor, B-189085. April 3771978. This act on is in response to a letter dated September 26, 1977, from Mrs. Donra D. Beecher, Director, Personnel Systems and Payroll Division, Department of Housing and Urban Development (HUD), requesting our decision as to whether HUD may restore 184 hours of annual leave forfeited by Mr. Gerard W. Caprio, a HUD employee, at the end of the 3976 leave year, in the circumstances stated. As a general rule, we render formal decisions only to heads of departments and agencies, disbursing ahd certifying officers, and to claimants who have filed monetary claims with our Office. See 31 U. S.C. § 74 and 82d. However, in view of t, fact that the probl.ns involved in the Instant situation are of a recurring nature, we are treating the request as if it had been submitted by the Secre- tary of Housing and Urban Development under the broad authority of 31 U. S. C. § 74. Cf. 55 Comp. Gen. 510 (1975). It is stated that Mr. Caprio was employed as a supervisory appraiser in the HUD Newark Area Office until his disability retire- ment on April 6. 1977. By way of background, the submission states that Mr. Caprio became 111 in September 1975 after suffering a cerebral infarction and was on sick leave until the end of the 1975 leave year. The record indicates that during this period his annual leave was scheduled for him by his employing office and not forfeited cat the end of that leave year, /,

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