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B-200945 1 (1981-08-24)

handle is hein.gao/gaobadjrh0001 and id is 1 raw text is: B-200945 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 20548 DATE: August 24, 1981 MATTER OF DIGEST: John J. Daly, Jr.--Home leave and renewal agreement travel Employee took annual leave in U.S. after his request for home leave had been denied on basis of agency's refusal to extend his overseas tour of duty and fact that reassignment to the U.S. was imminent. Granting of home leave is within agency discretion. Under circumstances refusal to grant home leave was proper and home leave may not be substituted for annual leave taken even though agency subsequently agreed to employee's request to extend .overseas tour of duty for additional year. Circumstances of employee's travel did not meet conditions for renewal agreement travel. This decision request from the Assistant Attorney General for Administration, Department of Justice, involves the question of whether the extension of an employee's overseas tour of duty after the employee had been denied home leave may serve as a basis to substitute home leave for annual leave he took in the United States after the request for home leave had been denied. We are also asked whether the Department may pay renewal agreement travel expenses in connection with the annual leave taken. Since the determination to deny home leave was a proper exercise of administrative discretion retroactive substi- tution of home leave and recredit of annual leave taken is not authorized. Also, the travel expenses incurred in connection with the annual leave taken may not be reimbursed as costs of renewal agreement travel. Mr. John J. Daly, an employee of the Immigration and Natural- ization Services (INS), was assigned to duty in San Juan, Puerto Rico, from February 1968 until November 21, 1978. At his tequest and with the express understanding that no further extension would be granted, Mr. Daly's tour of duty was extended until November 21, 1979. Nevertheless, in June of 1979, Mr. Daly requested a further extension of his tour of duty in Puerto Rico and at that same time asked to be granted home leave for the period from July 19 to September 7, 1979. Both requests were denied. -, /V Vie- DECISION FILE:

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