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B-191379 1 (1978-09-28)

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FILE:  3-191379


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              DATE:    September 28, 1978


MATTER OF:      Carl J. Ronollo - Restoration of forfeitad
                annual leave


Although extenuating circiwstances eristed in
Vietrm  at the end of'leave year 1974, employee
who frfeited  136 hours of accrued leave while
stationed in t:at area may not have leave
restored under 5 U.S.C. 6304(d)(1)(B) in the
absence of.tirely'requeat for and written sched-
uling of leave as reqaired by the law and appli-
cable regulations, even though a determination
of exigency of public b'asineso existed which
precluded-his use of the leave.


     'This action in in respbnae Co.an appeal of a settlement of our
Claims Divioion dated July 21, 1977, which uivallowed Nr. Carl J.
Ronollo's claim for reatoration of 136 hours of annuil leave. Tht
leave was forfeited under the provisions of 5 U.S.C. 1 6304 at the
end of leave year 1974.

     Mr. Ronollo was assigned to the Defernse Attache Office,
Army Diisios,  Procurement Briirwh, in Vi':tnaw during the greater
part of the leave year 1974. Mr. Ronollo ntates that 'he 'had
applied for authorized annucl leave for the month of November 1974;
however, he was not allowed Lo use the leave because of exigencies
of public business.  He also indicater'Zthat normal leave could not
te taken in his case because of the ccnditions existing in Vietnam
at that time.

     In support of his claim he submits a statement from
Y. D. Bollard,.Lis supervisor, for the period November 1.5, 1974,
to the time i his evacuation from Viktnam in April of 1975.
Mr. Bollard states that he recalls that Mr. Roziollo had authorized
annual leave planned for November of 1974 and March or April 1975.
This inforwation was ona wall chart in his office. Mr. Bollard
also states that F  racalls, that at least three other- American
personnel applied for and received approval for the restoration
of annual leave during this same period, because work priorities,
remoteness of the post, and difficulty of travel precluded their
timely use of leave.


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