B-152892, JUN. 29, 1964

B-152892, JUN. 29, 1964

TO MR. FLORENCIO S. DAQUEP:

REFERENCE IS MADE TO YOUR LETTER OF MAY 16, 1964, WITH ENCLOSURES, REQUESTING REVIEW OF YOUR CLAIM FOR BACK PAY AS AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE, FROM JUNE 1, 1959, TO JUNE 12, 1960, WHICH WAS THE SUBJECT OF OUR DECISION TO YOU OF MAY 8, 1964. THAT DECISION, WHICH CONCERNED YOUR TERMINATION OF MAY 31, 1959, ALLOWED YOU BACK PAY FROM APRIL 29, 1960, TO JUNE 12, 1960. YOU WERE ALSO SEPARATED TWO OTHER TIMES AT LATER DATES. THE FACTS IN OUR RECORD, AS FURTHER CLARIFIED BY THE MATERIAL YOU HAVE SENT US, ARE AS FOLLOWS.

YOU WERE AUTHORIZED BY SPECIAL ORDER NO. C-74, DATED FEBRUARY 12, 1959, TO GO TO MANILA, PHILIPPINES, ON OR ABOUT MARCH 8, 1959, FOR 30 DAYS REEMPLOYMENT LEAVE. A NOTICE OF TERMINATION DATED APRIL 10, 1959, WAS SENT YOU AND RECEIVED APRIL 30, 1959. AN AMENDMENT TO THIS DATED APRIL 22, 1959, WAS MAILED TO YOU ON APRIL 22, 1959. YOU WERE TERMINATED EFFECTIVE MAY 31, 1959, BY STANDARD FORM 50, DATED JUNE 1, 1959, WHICH STATED THE TERMINATION WAS DUE TO THE AVAILABILITY OF UNITED STATES CITIZENS TO PERFORM THE DUTIES OF YOUR POSITION. THAT TERMINATION ACTION, DATED JUNE 1, 1959, WAS CANCELLED BY STANDARD FORM 50, DATED APRIL 12, 1960, STATING THAT THE REASON FOR THE CANCELATION WAS "AGENCY DETERMINATION FOR CORRECTIVE ACTION OF IMPROPER PROCEDURE OF TERMINATION. EMPLOYEE WAS ON LEAVE WITHOUT PAY STATUS AT TIME OF TERMINATION AND THIS CANCELLATION OF TERMINATION RESTORES EMPLOYEE TO SAME STATUS.' THEREFORE, YOU WERE RETROACTIVELY RESTORED TO A LEAVE WITHOUT PAY STATUS AS OF MAY 31, 1959. THE NEXT EVENTS, AS SHOWN BY THE DECISION OF THE UNITED STATES CIVIL SERVICE COMMISSION, 12TH REGION, OF OCTOBER 21, 1960, BRIEFLY STATED, WERE THAT A 30-DAY ADVANCE WRITTEN NOTICE OF PROPOSED REMOVAL, ISSUED UNDER DATE OF JUNE 2, 1960, WAS RECEIVED BY YOU ON JUNE 12, 1960. THIS NOTICE ADVISED YOU THAT YOU COULD REPLY PERSONALLY AND IN WRITING WITHIN FIVE WORKDAYS FROM RECEIPT OF THE LETTER. BY DECISION LETTER DATED JULY 18, 1960, YOU WERE INFORMED THAT THE REASON UPON WHICH YOUR REMOVAL WAS PROPOSED WAS SUSTAINED. THIS LETTER, FORWARDED TO YOU BY A TRANSMITTAL LETTER DATED JULY 25, 1960, WAS RECEIVED BY YOU ON AUGUST 15 OR 16, 1960, AND ADVISED YOU THAT YOUR REMOVAL WOULD BE EFFECTED ON JULY 29, 1960. YOU WROTE A LETTER OF APPEAL DATED AUGUST 25, 1960, TO THE CIVIL SERVICE COMMISSION, 12TH REGION. THAT AGENCY FOUND THAT PROCEDURAL REQUIREMENTS WERE NOT MET AND THAT IN ADDITION YOUR REMOVAL WAS NOT TAKEN FOR SUCH CAUSE AS WOULD PROMOTE THE EFFICIENCY OF THE SERVICE. THE CIVIL SERVICE COMMISSION DECISION RECOMMENDED THAT CORRECTIVE ACTION BE TAKEN TO SHOW THAT YOU WERE IN A WORK STATUS DURING THE ADVANCE NOTICE PERIOD FROM JUNE 13, 1960, THE DATE FOLLOWING YOUR RECEIPT OF THE NOTICE OF PROPOSED REMOVAL, THROUGH JULY 29, 1960, THE EFFECTIVE DATE OF REMOVAL. IT ALSO RECOMMENDED THAT STANDARD FORM 50, REFLECTING YOUR REMOVAL ON JULY 29, 1960, BE CANCELLED, AND THAT YOU BE RESTORED TO YOUR POSITION OF FIREFIGHTER RETROACTIVELY EFFECTIVE JULY 30, 1960. VARIOUS DELAYS THEN OCCURRED IN RETURNING YOU TO GUAM. AS FAR AS WE CAN ASCERTAIN, YOU WERE FINALLY RETURNED TO GUAM ON MAY 27, 1961.

THE NEXT EVENTS, STATED BRIEFLY, WERE THAT YOU WERE AGAIN SEPARATED ON JULY 30, 1962. BY DECISION DATED SEPTEMBER 19, 1960, THE CIVIL SERVICE COMMISSION, SAN FRANCISCO REGION, UPON YOUR APPEAL, FOUND THAT THE PROCEDURAL REQUIREMENTS FOR SEPARATION HAD BEEN MET, BUT THAT YOUR REMOVAL WAS NOT FOR SUCH CAUSE AS WOULD PROMOTE THE EFFICIENCY OF THE SERVICE. FOR THAT REASON, THE COMMISSION RECOMMENDED THAT YOU BE RETROACTIVELY RESTORED TO YOUR FIREFIGHTER POSITION AS OF JULY 31, 1962.

AS WE UNDERSTAND FROM YOUR LETTERS TO US, THE CLAIM YOU ARE PRESENTING TO OUR OFFICE IS FOR BACK PAY FROM JUNE 1, 1959, TO JUNE 12, 1960, BASED ON YOUR FIRST TERMINATION EFFECTIVE MAY 31, 1959, AND IS NOT FOR BACK PAY IN CONNECTION WITH YOUR SECOND OR THIRD REMOVAL ACTIONS. WE CONSIDERED YOUR CLAIM FOR BACK PAY FROM JUNE 1, 1959, TO JUNE 12, 1960, PERTAINING TO YOUR FIRST TERMINATION, IN OUR DECISION TO YOU OF MAY 8, 1964. IN THAT DECISION WE ALLOWED YOU BACK PAY FROM APRIL 29, 1960, TO JUNE 12, 1960, AND WE ASSUME BY THIS TIME YOU HAVE RECEIVED A CHECK TO COVER THE SAME. YOUR CLAIM FOR THE PERIOD JUNE 1, 1959, TO DAY FOLLOWING YOUR FIRST TERMINATION, TO APRIL 29, 1960, THE ASSUMED DATE YOU RECEIVED THE NOTICE CANCELLING YOUR TERMINATION, WAS DISALLOWED SINCE OUR RECORD DOES NOT CONTAIN PROOF THAT YOU MADE AN EFFORT TO WRITE THE AIR FORCE OR OTHERWISE INFORMALLY OR FORMALLY APPEAL THE FIRST TERMINATION, OR THAT YOU MADE ANY EFFORT TO SEEK GAINFUL EMPLOYMENT BY ASKING EITHER THE AIR FORCE FOR REEMPLOYMENT, OR BY SEEKING EMPLOYMENT WITH ANY OTHER GOVERNMENT AGENCY OR ANY BUSINESS IN GUAM OR THE PHILIPPINES OR ELSEWHERE.

THE ADDITIONAL MATERIAL YOU HAVE SENT US DOES NOT ADD ANY FACTS TO OUR RECORD REGARDING YOUR CLAIM FOR BACK PAY FROM JUNE 1, 1959, TO JUNE 12, 1960, WHICH WOULD PROVIDE A BASIS FOR NOW ALLOWING YOUR CLAIM FOR THE PERIOD PRIOR TO APRIL 29, 1960. THEREFORE, OUR DECISION TO YOU OF MAY 8, 1964, IS AFFIRMED.

WE HAVE MADE COPIES OF THE MATERIAL YOU HAVE SENT US FOR OUR RECORD, AND, THEREFORE, ARE ..END :