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B-220749 1 (1986-03-21)

handle is hein.gao/gaobadmfr0001 and id is 1 raw text is: o THE COMPTROLLER GENERAL OUCISION A'. OP THE UNITED STATE8 II. WASHINTON. D.C. 20548 FILE: B-220749 DATE: March 21, 1986 MATTER OF: Roberto De La Cruz DIGEST: Federal civilian employees who leave their positions to pursue military careers are eligible under regulation for a recredit of their civil service sick leave after their retirement from military service, if they are reemployed in a civilian capacity by the Government within the following 3 years. Hence, an individual who left civil service employment when called to active military duty, and who was subse- quently retired from military service after completing 20 years' active duty, may be allowed a recredit of his civil service sick leave balance upon his reem- ployment as a civilian 1 year later. The fact that he had a 2-month break in ser- vice during his military career is imma- terial, since only a break in service in excess of 3 years could have operated to extinguish his leave restoration rights. Mr. Roberto De La Cruz requests recredit of civil ser- vice sick leave he earned during his federal civilian employment between 1952 and 1962, predicated on his retirement from military service in 1979 and his reemploy- ment in a civilian capacity by the Government in 1980. On the basis of the facts presented, and the applicable federal regulations, we conclude that Mr. De La Cruz' application should be approved. Background Mr. De La Cruz was a federal civil service employee between 1952 and 1962. He had previously served 3 years of military service, and in 1962 he was recalled to active military duty with the Air Force. He remained on active duty during the following 17 years until 1979, when he applied for military retirement based on his completion of 20 years' total active service.

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