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B-229409 1 (1988-11-22)

handle is hein.gao/gaobadnhi0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision James J. Serpente - Waiver of Military Leave Matterof: Erroneously Granted File: B-229409 Date: November 22, 1988 DIGEST An employee who had accumulated 16 days of military leave was erroneously granted 28 days of military leave over a 2-month period. His indebtedness for use of 12 days of excess military leave is subject to waiver under 5 U.S.C. 5 5584 (1982), but we conclude that waiver is not appropriate under the circumstances. DECISION The issue presented is whether an employee who was granted excess military leave may have the resulting overpayment waived under 5 U.S.C. S 5584 (1982) when, at the time the leave was used, the employee had annual leave available for usage. We conclude that an overpayment resulting from excess military leave usage may be considered for waiver, but that waiver is not appropriate in this case. BACKGROUND This decision is in response to an appeal by Mr. James J. Serpente, an employee of the Norfolk Naval Shipyard (Shipyard), Portsmouth, Virginia, Department of the Navy. He appeals the settlement action by our Claims Group, Z-2879559, dated August 12, 1987, which held that annual leave or leave without pay (LWOP) should be charged for the use of excess military leave and that waiver was not appropriate. The statutory authority for the granting of military leave is contained in 5 U.S.C. S 6323(a) (1982). As amended in 1980, that statute provides federal employees who are members of Reserve components of the armed forces with military leave at the rate of 15 days per fiscal year with a carryover of up to 15 days of unused military leave into a p

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