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B-221120 1 (1986-04-02)

handle is hein.gao/gaobadmgg0001 and id is 1 raw text is: 0 rTHE COMPTROLLER GENERAL OECISION . OF THE UNITED STATES WASHINGTON. 0.C. 20548 FILE: B-221120 DATE: ApriZ 2, 1986 MATTER OF: Edgar K. Epp - Accrual of Anndal Leave - Temporary Disability Retired List DIGEST: A former member of the United States Navy who was separated from the service with disability severance pay (10 U.S.C. S 1212), has been a civilian employee of the govern- ment since 1960. At the time of civilian appointment, he was credited with 6 years, 6 months and 10 days of military years of service for annul leave accrual purposes (5 U.S.C. S 6303), which included 3 years, 7 months and 10 days of time spent on the Temporary Disability Retired List (TDRL). The TDRL time is not properly creditable for this purpose. Under 5 U.S.C. S 6303(a), and 5 U.S.C. S 8332(c)(1)(A), while military service is creditable, the term military service is defined in 5 U.S.C. S 8331(13) to mean honorable active service. Since placement of a military member's name on the TDRL list removes his name from the active duty list, he is in a retirement status during that time. Therefore, the employee's civilian service computation date must be reestablished and his annual leave balance adjusted. This decision is in response to a request from the Chief, Personnel Management Office, Bureau of Reclamation, Department of the Interior. The question involves the proper crediting of military service time for civil service annual leave accrual and retirement purposes in the case of Mr. Edgar K. Epp. BACKGROUND Mr. Epp entered onto active duty in the United States Navy on May 31, 1951. As a result of a service-connected injury, he was transferred to the Temporary Disability Retired List (TDRL), effective May 1, 1954. At that time, he had performed 2 years, 11 months and 0 days of active duty. On December 10, 1957, his name was removed from the

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