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B-221067 1 (1987-06-01)

handle is hein.gao/gaobadmsi0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 2054E' Decision Matterof: Verda L. Campbell - Lump-Sum Payment for Annual Leave File: B-221067 Date: June I, 1987 DIGEST Former employee claims backpay equal to amount agency deducted from her lump-sum leave payment to cover overpay- ments of pay for periods of alleged absence without leave. It is within agency's administrative discretion to place employees who refuse to comply with order to report to work on leave without pay. In view of the administrative discre- tion which exists with respect to determinations concerning absence from duty, and in the absence of any finding by an appropriate authority of an unjustified or unwarranted personnel action, her claim is denied. DECI SION Ms. Verda L. Campbell, a former employee of the United States Army Forces Command, Fort McPherson, Georgia, asks for a review of the Army's actions in deducting an amount of money sufficient to cover overpayments of pay for periods of absence without leave (AWOL) from the lump-sum payment due her for unused annual leave after her resignation. Ms. Campbell seeks to recover as backpay the sum of $1,756.80 withheld from her lump-sum annual leave payment. For the reasons set forth below, we hold that Ms. Campbell's claim for backpay must be denied. BACKGROUND The Army served Ms. Campbell with a letter, dated May 8, 1985, proposing her removal from Government service and setting forth the reasons for her proposed removal, includ- ing charges for AWOL. Without objection or grievance, and prior to a decision concerning this proposed removal, Ms. Campbell submitted her resignation dated June 16, 1985, with a proposed effective date of July 5, 1985. The Notification of Personnel Action (SF 50) documenting the resignation included both the reasons of health offered by Ms. Campbell, and the agency finding that Ms. Campbell resigned after being notified of a proposed removal action for alleged excessive AWOL and alleged insubordination.

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