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B-184002 1 (1976-11-04)

handle is hein.gao/gaobaddyz0001 and id is 1 raw text is: DECISIIN THE COMPTPOLLER GENMRAL OF THE UL.N I T ED STAT E S WASHINGTON, D.C. 20548 11( FILE: B-184002 DATE: November 4, 1976 MATTER OF: John J. Lynch - Restoration of Annual Leave Due to Administrative Error Former employee appeals Claims Division action esutaining disallowance of his claim for resto- ration of forfeited annual leave. Administrative report obtained pursuant to 55 Comp. Gen. 78A states that claimant had been counseled prior to retirement concerning forfeiture of excess annual leave upon accepting temporary appointment immediately following retirement. Employee claims that he was not tounseled until after forfeiture had occurred. Where, as here, no question of law is presented, but rather there erists dispute as to facts, GAO will not disturb administrative finding of fact, in the absence of substantive evidence overcoming such 4etermiatic'n. This action results from th: appeal of Mr. John J. Lynch from our Claims Division action of June 18, 1976, which sus- tained the administrative diaallowauca of his claim for recredit of fotfeited unused annual leave. The leave was forfeited ind- dent to his retirement from the Department of th Army, effective December 31, 1974, and his temporary appointnpnt effective January 1, 1975. Mr. Lynch's claim was previously the subject of a decision of this Office, 55 Comp. Gen. 784 (1976). The digest of that decision is as follows: Employee retired effective December 31, 1974, and received a temporary appointment effective January 1, 1975, not to exceed 4unc 30, 1975. Since there was no break in service, the em- ployae's annual leave balance was transfer'ed to his new appointment and he forfeited 80 hours of annual leave at and of leave year pursuant to 5 U.S.C. § 6304. Agency is requested toldetermine whethcr it violated mandatory requirement to advise employee he would frrfeit annual leave if he accepted DIGEET:

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