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B-213727.2 1 (1987-06-08)

handle is hein.gao/gaobadmsl0001 and id is 1 raw text is: GThe Comptroler General of the United States Washington, D.C. 20548 NITS Decision Matter of- David T. Simrak File: B-213727.2 Date: June 8, 1987 DIGEST Military retiree who works for the Department of the Interior and claims credit for all of his active military service during the Vietnam conflict for the purpose of annual leave accrual is only entitled to service credit in accord with the Office of Personnel Management's interpretation of the leave statute. That interpretation allows credit for annual leave accrual purposes only for that active military service per- formed during a war or in the area of a campaign or expedition for which a campaign badge has been authorized. Since the Vietnam conflict is not a war for this purpose, only the retiree's active service spent in the area of the Vietnam campaign or expedition is creditable service. DECISION This case concerns an employee's claim for additional annual leave based on credit he seeks for military service he per- formed during the Vietnam conflict. We conclude that the claim may not be allowed because the military service he seeks credit for, although performed during the Vietnam conflict, was not in the area of that campaign or expedition as is required under the applicable statute as interpreted by the Office of Personnel Management, the agency charged with its administration. BACKGROUND Mr. David T. Simrak began working for the Department of the Interior in 1978 after his retirement from the Air Force. The rate at which he accrued annual leave in the Department of the Interior was determined under 5 U.S.C. 5 6303 by adding the credit for his service with the Department and the credit for his active military service performed in the Armed Forces during a war, or in a campaign or expedition for which a cam- paign badge has been authorized. Annual leave is accrued at

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