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B-198627 1 (1981-10-20)

handle is hein.gao/gaobadjve0001 and id is 1 raw text is: 0ECI8ION FILE: B-198627 MATTER DIGEST: THE COMPTROLLEi GENERAL OF THE UNITEO STATES WASH I NGTON. 0. C. 20548 DATE: October 20, 1981 OF: Jon P. Kindice - Reconsideration - Recredit of sick leave after break in service Although Foreign Service officer of Agency for International Development suffered in- voluntary reduction in force in 1974 and sought Federal employment unsuccessfully until 1979, resulting break in service in excess of 3 years precludes recrediting of sick leave to his credit at time of separation in 1974. Controlling regulatory provision in section 493.3, Volume 3, Foreign Affairs Manual, applicable during entire period of employee's claim, is not arbitrary, capricious, or contrary to law, and provides no legal basis for allowance of claim. B-198627, November 7, 1980, sustained. Mr. Jon P. Kindice requests reconsideration of our deci- sion B-198627, November 7, 1980, which denied his claim for reinstatement of 816 hours of sick leave following a break in service of over 3 years. In view of the clear and con- tinued validity of the controlling provisions of law applica- ble to Mr. Kindice's claim, we are sustaining our original determination. The facts were presented in our prior decision and are restated below only as necessary. Mr. Kindice, a Foreign Service officer with the Agency for International Develop- ment, was reemployed on May 27, 1979, after a break in service of.4 years, 5 months, and 3 days, which followed his separation from the agency on August 24, 1974, due to a re- duction in force. Mr. Kindice's claim involves the recredit of 816 hours of sick leave which were carried to his credit at the time of the August 1974 separation. Mr. Kindice con- tended that since his separation was involuntary and since he actively sought Government employment during the interim period from August 1974 to May 1979 when he was reemployed, he should be allowed to have the sick leave hours to his credit at the date of his separation recredited to his presently existing sick leave balance.

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