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GAO-08-948R 1 (2008-07-28)

handle is hein.gao/gaocrptawws0001 and id is 1 raw text is: 



  S=GAO

       Accountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548


         July 28, 2008


         Congressional Committees

         Subject: DOD Financial Management: Adjudication of Butterbaugh Claims for the
         Restoration of Annual Leave or Pay

         This report formally transmits the attached briefing in response to section 1045 of the
         National Defense Authorization Act for Fiscal Year 2008. The Act required GAO to
         review and report on the adjudication of claims filed as a result of the 2003 decision
         by the U.S. Court of Appeals for the Federal Circuit in the case of Butterbaugh v.
         Department of Justice.1 In that case, the Court decided that federal employees who
         are members of the military reserves should not have been charged military leave for
         reserve duty days that occurred outside their civilian work schedule. Under existing
         federal law, employees are entitled to seek restoration of leave or monetary
         compensation. On July 8, 16, and 22, 2008, we provided briefings on the status of the
         adjudication of such claims by the Defense Finance and Accounting Service and
         selected other agencies to cognizant committee staff to satisfy the mandate. Based
         on the results of our review, we are not making any recommendations for agency
         action.

         We are sending copies of this report to the appropriate congressional committees.
         We are also sending copies to the Secretary of Defense, the Under Secretary of
         Defense (Comptroller), the Director, Defense Finance and Accounting Service, and
         the heads of the other seven agencies selected for review. This report will also be
         available at no charge on GAO's Website at htt)i//ww w.gao,go. Should you or your
         staff have any questions concerning this report, please contact me at (202) 512-9095
         or r asconapgao.gov. Contact points for our Offices of Congressional Relations and
         Public Affairs may be found on the last page of this report. Key contributors to this
         report were J. Christopher Martin, Senior-Level Technologist; Evelyn Logue, Assistant
         Director; Darby Smith, Assistant Director; F. Abe Dymond, Assistant General
         Counsel; Kristi Karls; Jason Kirwan; Nkosi Nantambu; John Vicari; and Tory Wudtke.





         Paula Rascona
         Director, Financial Management and Assurance


GAO-08-948R DFAS Adjudication of Claims


'336 F.3d 1332 (Fed. Cir. 2003).


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