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B-228683 1 (1987-09-15)

handle is hein.gao/gaobadmvk0001 and id is 1 raw text is: 



The Comptroler General
of the United States

Washington, D.C. 20548
Decision


           Lee Holloway - Claim for Payment for

Matter of: Excess Accrued Leave

File:      B-228683
Date:      September 15, 1987


DIGEST

Former Navy member who had been paid for 30 days' accrued
leave during active service and was paid for 30 days'
accrued leave at the time of her discharge requests payment
for the additional 25 days of accrued leave standing to her
credit upon discharge. The former member may not be paid
for the additional 25 days' leave because 37 U.S.C. S 501(f)
and implementing Department of Defense regulations provide
that a member may be paid for no more than 60 days of unused
accrued leave during his or her military career.


DECISION

Ms. Lee Holloway, a former member of the United States Navy,
has appealed our Claims Group's settlement denying her
payment for 25 days of unused accrued leave in excess of the
60-day maximum prescribed by 37 U.S.C. S 501(f) (1982 &
Supp. III 1985). For the reasons explained below, we
sustain our Claims Group's settlement.

BACKGROUND

Ms. Holloway began active service with the Navy in 1978. In
September 1982, while remaining on active duty, she sold
back 30 days of unused accrued leave and received a lump-
sum payment from the Navy. In December 1982, Ms. Holloway
was transferred to Guantanamo Bay, Cuba, where, she alleges,
she was denied opportunities to use much of the additional
leave she was accruing.

On December 31, 1984, Ms. Holloway was discharged from the
Navy. At the time, she had 55 days of unused accrued leave
to her credit. The Navy paid Ms. Holloway for 30 days'
accrued leave, explaining that this payment, combined with
the Navy's earlier payment for 30 days' leave, exhausted her
entitlement to be paid for no more than 60 days of accrued
leave during her military career. Our Claims Group con-
curred with the Navy's determination, denying Ms. Holloway


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