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B-206237 1 (1982-08-16)

handle is hein.gao/gaobadkod0001 and id is 1 raw text is: I ~lll MDM CI SI1 \ THU! COMPTnOLL G I'CRAL OF THE UNIt'ED tITATE W A I H I NOTOf4. tD,C. 0054 D FILE: B-206237 MATTE.R OF: D ATE: David u. Reyes - Claim restoration of leave August 16, 1982 for bappay DIGEST: 1. Erpicyee was placed on Involuntary leave because of nedical opinion tiat he wis incapable of performing sane of the duties of his position, and Department of the Army subsequently applied for employee's disability retirement. Free date he was placed on leave to date of Office of Perscnnel Rlanagerent's (OPM) decision to deny application for disabil- ity retirement, employoe is not entitled to bactpay and restoration of leave. The Army's placement of the employee on invol- untary leave was not an unjustified or. unwarranted personnel action in that it was based on the medical. dotermination that the employee was incapacitated for duty., 2. From date of deninl of application for disability retirerent by 01% to the day before the employee returned to active duty, hc#iever, the employee is entitled to backpay and restoration of leave because as of the former date, the Army had an obligation either to restore the employee to active duty or to talo steps to separate him cn grcunds cf disability. The failure to do either constituted an unwarranted or unjustified personnel actoi under 5 U.S.C. § 5596 (1976). Mr. David 6. Reyes, requests reconsideration of our Clais Group's denial of his claim lot backpay arid restoration of leave for the period from January 21, 1979, to May 8, 1980, during which time he was involuntarily placed on leave by the Department of the Army. For the follcw.ing reasons, we will deny his claim for the period frcxn Jinuary 21, 1979, to March 26, 1980, and we will grant his clai, for the period. frQn March 27, 1980,' to May 8, 1980. Mr. Reyes WG-5703-07, at holds Fort the Sam position of Motor Vehicle Operator, Houston, rexis. On June 30, 1978, A * a and . . - - - -A - - - % . - - -

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