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B-207676 1 (1982-12-21)

handle is hein.gao/gaobadkui0001 and id is 1 raw text is: 


                                   UIbktttNvr THE COMPTROLLER UENEAAL
                  OECIUICN                 OP THE UNITED        STATES8
                                           WAUHINITON, o0. *     ,5OB4



                 FILE:   B-207676                DATE$rDec* 21, 1982

                 MATTER OF: Perry L. Peterson

                 DIGEST:
                          Upon being advised that his agency would
                          not waive his obligation to repay his
                          indebtednes for home leave, employee of
                          the International Communication Agency who
                          had applied for an August 31, 1980 separation
                          date deferred his retirement which resulted
                          in akdecreaso in his monthly annuity. Foreign
                          Service Grievance Board subsequently hold that
                          the employee would have retired on August 31,
                          1980  but for the administrative error in
                          failing to waive repayment for home leave.
                          Under the circumstances, the date of separation
                          -*fgr retirement may be made retroactively
                          effective as of August 31, 1980, and the
                          employee would be entitled to recomputation
                          of his annuity.

                   The Deputy Assistant Secretary for Personnel, Depart-
              ment of State, has requested a decision as to whether the
              Department may implement a determination by the Foreign
              Service Grievance Board (Grievance Board) that the annuity
              of Mr. Perry L. Peterson, a retired Foreign Service
              Information Officer with the International Communication
              Agency, be recomputed on the basis of a date earlier than
              that on which he actually retired. In view of the Grievance
              Board's findings, we hold that a retroactive retirement date
              may be established.

                   The record shows that Mr. Peterson who had been
              stationed in New Delhi, India, was medically evacuated
              to Washington, D.C., in October 1979. In view of the
              fact that there were only a few days remaining in his
              tour of duty in India and since the agency had already
              named his successor at his post of duty in India
              Mr. Peterson requested that he be. allowed to take home
              leave without returning to New Delh. . This request for
              home leave was granted by the agency. In Januaty 1980,
              while on home leave, the employee's medital clearance
              to serve overaseas was suspended and he ,vas officially
              ttansferred to a position in Washington, D.C., Zn





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