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B-194545 1 (1980-04-28)

handle is hein.gao/gaobadifn0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, O.C. 20548 FILE: B-19 MATTER OF DIGEST: 4545 DAE: April 28, 1980 Arthur\ . Quillo storation of forfeited annual leave - Reconsideration Absent timely and written request for scheduling of leave subject to forfeiture, employee in Vietnam at end of 1974 leave year who forfeited 124 hours of annual leave may not have leave restored under public exigency provisions of 5 U.S.C. 6304(d)(1)(B). Agency's responsi- bility for scheduling leave is such that it must approve and schedule leave either at time requested by employee or at some other -time. While agency's failure to schedule requested leave may constitute administrative error, in general, agency's responsibility arises only when employee has made formal and timely request for leave. Thi act.2on is, A onse to a request for reconsid- eration o- 94545, June 15, 1979, which sustained the disallo nce by-sur Claims-Divisica of Mr. Arthur E. Quillo's claim for restoration of leave under 5 U.S.C. 6304(d)(1)(B) (1976). Upon appeal, Mr. Qu= o contend that the denial of his claim based on his failure to submit a formal and timely request for scheduling the leave subject to forfeiture did not take into account the Navy's treatment of similar claims or its responsibility to assure the proper scheduling of his leave. For the reasons that follow, we find -that neither of these argu- ments provides a basis for restoration of the 124 hours of annual leave he forfeited at the end of the 1974 leave year. On November 13, 1974, the Chief, Personnel Divsion, issued a memorandum setting forth the determination of the Defense Attache in Saigon, Vietnam, that exigencies of the public service during the 1974 leave year had been such that some assigned employees had been and would be pre- cluded from using their accrued leave. The instruction J t> -v F-- L : LF

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