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B-196834 1 (1980-07-15)

handle is hein.gao/gaobadikk0001 and id is 1 raw text is: 



                          THE  COMPTROLLER GENERAL
  DECISION               . OF  THE   UNITED STATESH





  FILE: 8-196834                DATE: Jul  15, 1980

  MATTER  OF: Bob R. Carson -TRestoration f Annual Leave
              Ceiling
  DIGEST:   Employee used 15 hours of annual leave
            on the basis of erroneous advice from
            Finance Office and thereby reduced his
            maximum annual leave carry-ovdr ceiling
            from 360 hours to 345 hours. There is no
            authority to restore the employee's former
            leave ceiling in these circumstances. See
            B-171716, March 26, 1971.

       By a letter dated October 29, 1979, Mr. Pasquale
  Orlando, a Finance and Accounting Officer at Tooele
  Army Depot, Tooele, Utah, requested an advance decision
  regarding the restoration of 15 hours to the leave
. ceiling of Mr. Bob R. Carson.

       The record shows that under 5 U.S.C. 6304(b),
  based on service outside the United States, Mr. Carson
  had established an annual leave ceiling of 45 days.
  Prior to the end of the 1977 leave year the Finance
  Office at Tooele Army Depot erroneously told Mr. Carson
  to use 15 hours of annual leave in order to avoid
  forfeiting the leave. Because use of the 15 hours of
  leave caused Mr. Carson's maximum annual leave carry-
  over ceiling to be reduced from 360 hours (45 days)
  to 345 hours, he has requested that his leave ceiling
  be restored to 360 hours. In his submission of October 29,
  1979, the Finance and Accounting Officer asks whether
  and under what circumstances Mr. Carson's 360 hour
  annual leave ceiling may be reinstated.

       In B-171716, March 26, 1971 we addressed a similar
  situation where an employee, on the basis of erroneous
  advice, used leave which would not have been forfeited
  and thereby reduced the 360 hour leave ceiling he had
  established by reason of'his service abroad. In that
  case we noted that there is no authority for restoring
  an employee's leave ceiling notwithstanding that he
  may have used leave and thereby reduced his leave

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