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Office of the General Counsel

Date: [XXX]
Matter of: [XXX]
File Number: S9700772

OPM Contact: Murray M. Meeker

This responds to a claim for the restoration of leave that an employee had accumulated prior to her transfer on August 26, 1984, from the [agency #1], to the [agency #2] in [city, state]. The Defense Finance and Accounting Service, which maintains leave balances for [agency #2] employees, reported that the employee did not present her claim for leave restoration until 1997. Having been received more than six years after the claim accrued, the employee's claim is barred. 31 U.S.C. 3702(b)(1).

However, the employee is not barred from requesting that her leave records be amended. The Privacy Act, 5 U.S.C.  552a(f)(4), requires each agency that maintains a system of records to establish procedures for reviewing a request from an individual concerning the amendment of any record pertaining to that individual. Accordingly, the agency responsible for maintaining the employee's pay and leave records should have such procedures for amendment of the employee's leave records.

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