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B-201358 1 (1981-08-24)

handle is hein.gao/gaobadjri0001 and id is 1 raw text is: -,. DEC110 FILE: B-20 MATTER OF DIGEST: 1 1N 1358 9 - , THE COMPTROLLER GENERAL OF THE UNITED BTATES WASHINGTON. 0. C. 20548 ( N * ! & I' L , DATE: August 24, 1981 Isidro R. Yatar Navy employee who was hired locally, in Guam, was erroneously granted home leave. Upon employee's retire- ment, Navy reconstructed annual leave account and charged employee's account with number of days of home leave taken. Employee is entitled to waiver of home leave erroneously granted and used. Annual leave account is recredited with number of days charged to it for home leave. 2. Due to administrative error, employee was led to believe he was entitled to carry over 45 days of annual leave as opposed to 30 days. Employee carried over more than 30 days' leave in several years prior to his retirement. Pursuant to 5 U.S.C. § 6304(d)(1)(A) annual leave in excess of the 30 days may be restored and the employee may be paid for all annual leave accrued as of date of retirement. That sec- tion provides for restoration of annual leave forfeited because it is in excess of the maximum carryover when the for- feiture is due to administrative error. This is in response to a request from the Acting Comptroller, Department of the Navy, for an advance decision on the propriety of an additional payment to Mr. Isidro R. Yatar for the lump sum due for annual leave upon retirement. Mr. Yatar was employed by the Navy, in Guam, on Janu- ary 18, 1954. Based on the recommendation of the Master Mechanic, Transportation Department, Public Works Center, Guam, the Navy executed an employment agreement with Mr. Yatar on July 20, 1954. This agreement was for use in recruiting United States residents at naval activities outside the continental United States. Mr. Yatar designated his actual place of residence as Honolulu, Hawaii, on the agreement. The agreement provides, among other things, for Mr. Yatar's transportation to the United States at Government expense. A 1 1 / q A /_ e _

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