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B-222221 1 (1986-09-08)

handle is hein.gao/gaobadmll0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision Matterof: Paul A. Carr and Jerald P. Seach - Restoration of Forfeited Annual Leave File: B-222221 Date: September 8, 1986 DIGEST An agency erroneously advised two employees who had qualified for early retirement benefits that they were sub- ject to mandatory age retirement. In anticipation of their separation, the employees applied for voluntary retirement at the end of the 1985 leave year and did not schedule or use annual leave exceeding their personal leave ceilings. By the time the agency discovered its error and the employees withdrew their retirement applications, they had insufficient time to schedule and use much of their excess annual leave and they forfeited that leave. We hold that the forfeited annual leave may be restored to the employees under 5 U.S.C. § 6304(d)(1)(A), because the record shows that the forfeiture resulted from an administrative error. DECISION Mr. M. Arnold Werner, Assistant Director (Personnel and Security) of the Defense Investigative Service (DIS), requests our decision as to whether annual leave forfeited by Messrs. Paul A. Carr and Jerald P. Seach at the end of the 1985 leave year may be restored to their accounts. As explained below, we hold that the forfeited leave may be restored under 5 U.S.C. S 6304(d)(1)(A) because the record indicates that the forfeiture resulted from an administrative error. BACKGROUND According to DIS's request and the various judicial and administrative opinions having a bearing on this matter, the relevant facts are as follows. Messrs. Carr and Seach were employed by the Naval Investigative Service (NIS) as criminal investigators qualifying for the special retirement coverage

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