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B-199071 1 (1980-07-16)

handle is hein.gao/gaobadikl0001 and id is 1 raw text is: .THE COMPTROLLER GENERAL DECISION OF THE UNITEO STATES WASHINGTON D. C.. 20548 FILE: B-199071 DATE: July 16, 19d0 MATTER OF: Technical Sergeant Joel C. Mayo (Deceased) and Staff Sergeant Joseph J. Beyers, III (Retired) DIGEST: Under 37 U.S.C. 501(f) and 1976 and 1977 appropriation acts payment for uniformed services members' accrued leave is limited to no more than 60 days' unused accrued leave during their military careers. No exceptions to that limit are provided which would authorize payment in excess of 60 days for an Air Force member who dies on active duty or retires on medical dis- ability with more than 60 days' accrued leave. Also, claims for such leave do not contain such elements of legal liability or equity as would warrant submission to Congress under the Meritorious Claims Act, 31 U.S.C. 236 (1976). The question presented is whether payment ayhemade-- for leave accruedfin excess of 60 days to Air Force mem- bers Technical Sergeant Joel C. Mayo (Deceased), and Staff Sergeant Joseph J. Beyers, III (Retired), in light of the provisions of section 501(f), title 37, United States Code. Payment for accrued leave in excess of 60 days is precluded by section 501(f) and no exceptions to that provision are provided by law which would authorize pay- ment in these cases in excess of 60 days. The Question is presented for an advance decision by Ernest E. Heuer, Chief, Accounting and Finance Division, Air Force Accounting and Finance Center, Denver, Colorado. The submission was approved by the Department of Defense Military Pay and Allowance Committee as submission number DO-AF-1347. Sergeant Mayo and Sergeant Beyers were participants in the attempted rescue of Americans held hostage in Teheran, Iran. Sergeant Mayo died during the rescue operation. Sergeant Beyers was severely injured during the operation and was subsequently retired on medical disability. 11'2-~~7~ -A

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