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B-192494 1 (1979-07-30)

handle is hein.gao/gaobadhlr0001 and id is 1 raw text is: L9flA . THE COMPTROLLER GENERAL DECISION . . OF THE UNITED STATES o .:WASHINGTON, D. C. 20549 FILE: B-192494 DATE: July 30, 19T9 MATTER OF: Norbert A. Shepanek Restoration of Forfeited Annual Leave1 DIGEST: Approved leave was forfeited due to exigency of public business. Central Intelligence Agency employee's request for restoration was denied by CIA because exigency determination was not made by proper official in advance of cancellation of leave. Employee timely requested leave in writing and agency's failure to present case to proper official for exigency determination was administrative error which caused the loss of leave. Employee is entitled to restora- tion of forfeited leave. 5 U.S.C. § 6304(d)(1)(A). This decision concerns the question of whether forfeited annual leave may be restored under provisions of 5 U.S.C. § 6304(d)(1). Mr. Norbert A. Shepanek, an employee of the Central Intelligence Agency (CIA), claims restoration of previously scheduled annual leave that he forfeited due to exigencies of the public business. Mr. Shepanek's claim was forwarded for decision by our Claims Division. In connection with this claim, the CIA, through its Assistant General Counsel, John A. Rizzo, has requested our guidance concerning the standards the CIA should follow in formulat- ing internal administrative policies governing the restoration of forfeited annual leave. In January of 1975 Mr. Shepanek was assigned to the Coordination Staff of the Office of the Inspector General which was created to process CIA material for the Presidential Commission on Intelligence, otherwise known as the Rockefeller Commission. Although the Coordination Staff was abolished in August 1975, Mr. Shepanek con- tinued to act as a liason between the CIA and the Senate Select Committee on Intelligence, the House Select Committee on Intelligence, and the Department of Justice. On September 25, 1975, Mr. Shepanek submitted a Standard Form 71 requesting annual leave from October 20 to October 31, 1975. His supervisor approved this leave but later cancelled it due to the continuing House and Senate investigations. Subsequently, Mr. Shepanek submitted another Form 71 requesting annual leave from December 8, 1975, to January 2, 1976. His

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