Form 0862 Claim for Credit of Annual Leave

OMB Number: 2900-0669
Exp. Date: Xxx, 20XX
Respondent Burden: 15 minutes

CLAIM FOR CREDIT OF ANNUAL LEAVE
NOTE: Please review page 2 for Privacy Act Statement and Respondent Burden before completing this form.
INSTRUCTIONS: The Federal Circuit in Butterbaugh v. Dept. of Justice, 336 F.3d 1332 (Fed. Cir. 2003), held that military leave should not have been charged prior to
December 21, 2000 (the date of the change in the military leave law) for administrative non-duty days that fell within a period of military leave. The Office of Personnel
Management (OPM) issued guidance for processing Butterbaugh-type administrative claims for annual leave which provided that, under the Barring Act, a leave claim
must be brought within six years after the claim accrued. However, the Merit System Protection Board (MSPB) has ruled that a Butterbaugh-related claim is a claim
under the Veterans Reemployment Rights Act (VRRA). Although the leave provisions of Chapter 63 of Title 5, United States Code (U.S.C.), specifically pertain to Title
5 employees, VA is extending the provisions of Butterbaugh to employees covered by regulations prescribed by VA pursuant to Title 38, U.S.C. 7421(a). Accordingly,
for Title 5 and Title 38 employees who are charged leave on an hourly basis, VA may accept administrative claims filed after July 24, 2003, for crediting additional leave
for military leave charged on administrative nonduty days between October 1, 1980, and December 21, 2000. Administrative claims filed after July 24, 2003, by Title 38
employees on 24/7 schedules for crediting annual leave for military leave charged on administrative nonduty days may be accepted back to October 1, 1980.
It is your responsibility to establish the validity of your claim by providing supporting documentation such as a copy of your military orders, certification of attendance,
or other documents indicating that you engaged in periods of active military duty for which you were charged military leave on nonworkdays. Failure to submit
supporting documentation may result in the denial of your claim.
Submit your signed and dated claim, VA Form 0862, and supporting documentation to your local payroll office. If you are a retired annuitant or separated from the
service of the VA, submit your claim to your last servicing payroll office.
NAME OF APPLICANT

SOCIAL SECURITY NO.

HOME MAILING ADDRESS (street, city, state, ZIP code)

DAYTIME PHONE NUMBER (Include area code)

CHECK APPLICABLE BOX

DATE

CURRENT EMPLOYEE
RETIRED ANNUITANT
SEPARATED/RESIGNATION FROM FEDERAL SERVICE

INSTRUCTIONS: Indicate below the period of time for which you are submitting a claim for leave
TITLE 5 EMPLOYEES
1980

1983

1986

1989

1992

1995

1998

FROM

DATES (Attach documentation)
TO

FROM

DATES (Attach documentation)
TO

FROM

DATES (Attach documentation)
TO

FROM

DATES (Attach documentation)
TO

FROM

DATES (Attach documentation)
TO

FROM

DATES (Attach documentation)
TO

FROM

DATES (Attach documentation)
TO

RESERVED

VA FORM
JAN 2008

0862

1981

1984

1987

1990

1993

1996

1999

FROM

DATES (Attach documentation)
TO

FROM

DATES (Attach documentation)
TO

FROM

DATES (Attach documentation)
TO

FROM

DATES (Attach documentation)
TO

FROM

DATES (Attach documentation)
TO

FROM

DATES (Attach documentation)
TO

FROM

DATES (Attach documentation)
TO

1982

1985

1988

1991

1994

1997

2000

FROM

DATES (Attach documentation)
TO

FROM

DATES (Attach documentation)
TO

FROM

DATES (Attach documentation)
TO

FROM

DATES (Attach documentation)
TO

FROM

DATES (Attach documentation)
TO

FROM

DATES (Attach documentation)
TO

FROM

DATES (Attach documentation)
TO

TITLE 38 EMPLOYEES
1980

1983

1986

1989

1992

1995

1998

2001

2004

DATES (Attach documentation)
FROM
TO

FROM

DATES (Attach documentation)
TO

FROM

DATES (Attach documentation)
TO

FROM

DATES (Attach documentation)
TO

FROM

DATES (Attach documentation)
TO

FROM

DATES (Attach documentation)
TO

FROM

DATES (Attach documentation)
TO

FROM

DATES (Attach documentation)
TO

FROM

DATES (Attach documentation)
TO

1981

1984

1987

1990

1993

1996

1999

2002

2005

FROM

DATES (Attach documentation)
TO

FROM

DATES (Attach documentation)
TO

FROM

DATES (Attach documentation)
TO

FROM

DATES (Attach documentation)
TO

FROM

DATES (Attach documentation)
TO

FROM

DATES (Attach documentation)
TO

FROM

DATES (Attach documentation)
TO

FROM

DATES (Attach documentation)
TO

FROM

DATES (Attach documentation)
TO

1982

1985

1988

1991

1994

1997

2000

2003

FROM

DATES (Attach documentation)
TO

FROM

DATES (Attach documentation)
TO

FROM

DATES (Attach documentation)
TO

FROM

DATES (Attach documentation)
TO

FROM

DATES (Attach documentation)
TO

FROM

DATES (Attach documentation)
TO

FROM

DATES (Attach documentation)
TO

FROM

DATES (Attach documentation)
TO

RESERVED

Does the above period of time include dates during which you were employed by an agency other than the
Department of Veterans Affairs?
YES
NO
(If "YES," have you submitted a claim for leave to that agency?"

YES

NO

LEAVE CHARGED ON
AN HOURLY BASIS
SIGNATURE OF APPLICANT

A DAILY BASIS (not less than 8 hours)
DATE (MM/DD/YYYY)

PRIVACY ACT STATEMENT: Furnishing your social security number, as well as all other data, is voluntary. Providing your social security number will enable the
Payroll Office to accurately process your claim for restored annual leave or lump-sum payment, whichever is applicable. Executive Order 9397 authorizes use of your
social security number for the orderly administration of personnel records. Disclosure of this information may be made in accordance with the disclosure provisions of
the Privacy Act of 1974. Employee payroll records are contained in VA System of Records (SOR) 27VA047, Personnel and Accounting Pay Systems. Routine use
disclosures include providing payroll information to other Federal agencies such as the Office of Personnel Management, Social Security Administration, and Department
of Treasury for retirement, social security crediting, and tax administration. Also, disclosure may be made within the Department to assist in the collection of unpaid
financial obligations owed to VA.
RESPONDENT BURDEN: The Department of Veterans Affairs (VA) may not conduct or sponsor, and the respondent is not required to respond to this collection of
information unless it displays a valid OMB Control Number. The information is necessary to accomplish your claim for annual leave credit as a result of the decision in
the Butterbaugh v. Department of Justice, 336 F.3d 1332 (Federal Circular 2003).
Public reporting burden for this collection is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing the form. Send comments regarding this burden estimate or any other aspects of this collection, including
suggestions for reducing this burden, to VA Clearance Officer (005E3), 810 Vermont Avenue, Washington, DC 20420. SEND COMMENTS ONLY. DO NOT SEND
THIS FORM OR REQUEST FOR BENEFITS TO THIS ADDRESS.

VA FORM 0862, JAN 2008, PAGE 2