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B-179252 1 (1973-10-24)

handle is hein.gao/gaobaadld0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES . WAUHINGrON, D.Ct W . . 3-179252 october 24, 19T3 Mrs. Mildred Bauman Cannon 731 E. Uomestead Road Sunnyvale, California 94087 Dear ra. Cannon: . We refer to your letter of July 1, 1973, forwarded to this Office by Senator lika Nansfiald, requesting reconsideration of the February 26, 1973 action of our Transportation and Claims Division whereby your claims foK retirement annuity aimd iecredit of leave incident to your prior Federal service were disallowed. In accordance with your request we have reviewed the entire file relative to your claim. The record indicates that youIwere emplIyed with several Federal agencies during the period from May 12, 1941, until September .15, 1946, at which time you resigned frow a Foreign Service appointment with the Department of State. At the time of your resignation you were paid a lump sum for 88-1/2 days of annual leave that you had accrued. Ou December 13, 1946, you were employed by Headquarters, U.S. Foreca, Vienna, Austria, but resigned on De;ember 18, 1946, due to illness prior to travel to Austria to take up the duties of the position to hich you were appointed. You reentered Government service on April 17, 1967, at which time you were given a career reinstatement with the Ddfense Com- munications Agency (DCA) and you remained with DCA until your resignation on July 26, 1968. At the time of that resignation you were paid a lump sum for your accrued annual leave of 178 hours. Subsequently, you wera given a career ippoiutment as a City Carrier (Sub) with the United States Post Office in S&n Jose, California, effective October 23, 1968. You resigned from that poeitton on October 29, 1968, because you were physically unabia to do the job. You state that pyior to your resignations in both 1946 and 1968 you were not giver the opportunity to use your annual leave before your separation was eftected and that you were therefore forced to accept the ' lump-sum leave payents. You believe that you should have been allowed to use your leave prior to separation and now seek to have the period of time covered by the lump-sum leave payments credited to you as creditable service fcr retirement purposes. The statut.ry provisions relating to leave benefits for Federal employees are evdified in chapter 63 of title 5, United States Code. Section 6302(d) of title 5 provides as follows e a,-; ,7//9

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