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B-235887 1 (1990-08-30)

handle is hein.gao/gaobadnue0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: James McKeown, Jr. - Claim for Annual Leave Payment - Barring Act File: B-235887 Date: August 30, 1990 DIGEST A federal employee who retired in 1987, seeks reimbursement for annual leave not credited him in 1968 when he transferred from the Panama Canal Company to the Atomic Energy Commission. A claim for undercredit of annual leave is a continuing claim and, if not credited during the employee's period of service, eventually merges into a claim for payment of its lump-sum value upon separation from federal service. The employee was separated by reduction in force on September 28, 1981, and received a lump-sum payment for annual leave. Thus, any claim he had for a prior undercredit of annual leave merged into a claim for a lump-sum payment that accrued on that date. Since the claim was not received here until June 16, 1989, more than 6 years after it accrued, the claim is barred from considera- tion under 31 U.S.C. § 3702(b) (1988) and may not be paid. DECISION This decision is in response to a request from Fernando Manfredo, Administrator, Panama Canal Commission (PCC) . It concerns the claim of a former employee of the PCC to be paid for annual leave lost when he transferred to the Atomic Energy Commission (AEC) . We conclude that the claim may not be paid for the following reasons. BACKGROUND Mr. James McKeown, Jr., was an employee of the PCC. On February 1, 1968, he transferred to the AEC for duty in Berkeley, California. He had 460 hours of accumulated and accrued annual leave to his credit at transfer. The AEC authorized the transfer of only 240 of those hours. Through a series of agency reorganizations and transfers of function, Mr. McKeown was successively employed by the AEC, the Energy Research Development Administration (ERDA), and the Department of Energy (DOE) at a number of different locations. According to Mr. McKeown, he was employed by DOE from October 1, 1977, until June 1987, when he retired. Following his retirement,

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