About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-253020 1 (1993-06-10)

handle is hein.gao/gaobadtrl0001 and id is 1 raw text is: GAO General ent omfe amat do Geme Cousel B-253020 June 10, 1993 Fountain, MI 49410 Dear Mr. This is ir response to your appeal of our Claims Group's denial, dated October 16, 1992, of your claim for payment for unused leave upon your discharge from the United States Army. At the time of your discharge from the Army on June 10, 1991, you had 60 days of accrued leave. However, you were only paid for 23 and 1/2 days because you hau previously been paid for 36 and 1/2 days accrued leave in 1984 in accordance with a statutory provision prohibiting payment for more than 60 days of accrued leave during a military career. You contend that you should be paid for the remaining 36 and 1/2 days accrued at the time of your retirement because you were misadvised about an exception to this policy. You state that you were prohibited from taking leave prior to your discharge and therefore exceeded the 60 day limitation. Paragraph 40401 of the Department of Defense Military Pay and Allowances Manual, implementing 37 U.S.C. 5 501(f), states that a military member can be paid for no more than 60 days of accrued leave during a military career. We have consistently held that since there are no exceptions to this limitation provided for in the regulation or statute, payment in excess of 60 days accrued leave is prohibited irrespective of the member's reason for failing to use the leave, including death or disability. Technical Sergeant (Deceas2d) and Staff Seraeant _(Rtiled), B-199071, July 16, 1980. Therefore, The fact that due to the exigencies of the service you could not take leave from Oc-ober 1, 1990 through April 1, 1991 does not provide a basis for an exception. The only exception to the prohibition was approved by Congress in Public Law 101-501, the National Defense Authorization Act of 1990 (Section 1115(b)). The exception covered certain reserve and retired members called to active duty and deployed to Southwest Asia in support of Desert Storm/Desert Shield. The law also permits active duty I r,,'M' rAsp P.r,

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most