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B-204628 1 (1982-07-07)

handle is hein.gao/gaobadkll0001 and id is 1 raw text is: '4 THE CCMAPTRCLL0N M WIRAI. DEISIFONF THU tJNITED STAkTIS WASH16INGTON, D.C. 20040 FILE B-204628 DATE: July 7, 1982 MATTER OF: John G, Dardis rJIGEST: Wherc employee was reinstat2d to employment with Department of State after an unwarraitid separation, his excess annual leave should have been credited to a separate leave account establis;ed pursuant to 5 U.SC. 5 5596(b)(i) (B)(i). i'ailure to so credit annual leave con- stituted administrative error under 5 U.S.C. S 6304(d)(1)(A). Ey letter dated June 30, 1981, Mr. John G. Dardis, through his attorney Mr, Edward If* Passman, has appealed the settlements dated March 2 and June 17, 1981, which denied his claim for the restoration of 200 hours of forfeited annual leave, Such leave was forfeited at the end of the 1979 leave yeav since it was in excess of his maximum permissible carryover of annual leave. Mr, Dardis was separated from the Department of State on September 27, 1979, and subsequiently returned to duty, retroactively effective, since the separation was not warranted. For the following reasons certain annual leave credits should be restored to Mr. Dardis under 5 U.S.C. S 6304(d)(1)(A). Mr. Dardis, a Foreign Service Reserve Officer, Class 2, was advised on May 30, 1979. that his appoint- ment with the Department of State would be terminated effective September 30, 1979. In view of his prospective separation, Mr. Dardis indicated a desire to transfer to his previous employer, the Office of Naval Research, Department of the Navy. As the Office of Naval Research preferred that Mr. Dardis commence his reemployment with them prior to his September 30, 1979 scheduled termination from the Department of State he was separated from his employment with the Department of State effective September 27, 1979. This separation is evidenced by Notification of Personnel Action Form (DS-1032), dated October 2, 1979. On the basis of its determination that Mr. Dardis was not entitled to reinstatement rights under the Foreign Service Act of 1946, the Office of Navrl Research declined to appoint him to a position therein. We note that tre Navy's refusal to reemploy Mr. Dardis was upheld by final decision of the Merit Systems Protection Board dated January 7, 1982.

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