B-149393, JUL. 25, 1962
Highlights
COMPLIANCE WITH THE DIRECTIVE OF THE REGIONAL OFFICE YOU WERE SUSPENDED FROM YOUR POSITION AS OF SEPTEMBER 2. FOLLOWING YOUR APPEAL TO THE BOARD OF APPEALS AND REVIEW OF THE COMMISSION YOU WERE ORDERED TO BE RESTORED TO YOUR POSITION. YOUR RESTORATION WAS EFFECTED JANUARY 4. YOU NOW CLAIM BACK PAY FOR THE PERIOD OF YOUR SUSPENSION BECAUSE YOU SAY YOUR SUBSEQUENT RESTORATION TO DUTY SHOWS YOUR SUSPENSION WAS UNJUSTIFIED AND UNWARRANTED SINCE A BASIS FOR YOUR SUSPENSION IN 1961 DID NOT EXIST. YOUR CLAIM IS PREDICATED UPON YOUR CONSTRUCTION OF THE LETTER OF DECEMBER 22. THE DECISION OF THE THIRD REGION IS REVERSED. THE INSTRUCTION FOR YOUR SEPARATION FROM EMPLOYMENT IS WITHDRAWN. THE DEBARMENT AND CANCELLATION ACTIONS ARE RESCINDED.'.
B-149393, JUL. 25, 1962
TO MR. C. HOMER BROWN:
YOUR LETTER OF JUNE 29, 1962, REQUESTS REVIEW OF OUR SETTLEMENT OF JUNE 18, 1962, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL COMPENSATION DURING THE PERIOD OF YOUR SUSPENSION FROM THE SERVICE FROM SEPTEMBER 2, 1961, TO JANUARY 4, 1962, AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY.
THE RECORD SHOWS THE THIRD U.S. CIVIL SERVICE REGION DIRECTED THE DEPARTMENT OF THE ARMY TO SUSPEND YOU FROM YOUR POSITION FOLLOWING AN INVESTIGATION OF YOUR PERSONNEL RECORDS BY THE REGIONAL OFFICE. COMPLIANCE WITH THE DIRECTIVE OF THE REGIONAL OFFICE YOU WERE SUSPENDED FROM YOUR POSITION AS OF SEPTEMBER 2, 1961. FOLLOWING YOUR APPEAL TO THE BOARD OF APPEALS AND REVIEW OF THE COMMISSION YOU WERE ORDERED TO BE RESTORED TO YOUR POSITION. YOUR RESTORATION WAS EFFECTED JANUARY 4, 1962.
YOU NOW CLAIM BACK PAY FOR THE PERIOD OF YOUR SUSPENSION BECAUSE YOU SAY YOUR SUBSEQUENT RESTORATION TO DUTY SHOWS YOUR SUSPENSION WAS UNJUSTIFIED AND UNWARRANTED SINCE A BASIS FOR YOUR SUSPENSION IN 1961 DID NOT EXIST.
YOUR CLAIM IS PREDICATED UPON YOUR CONSTRUCTION OF THE LETTER OF DECEMBER 22, 1961, REFERENCE BAR:JR:MAT, FROM THE CHAIRMAN, BOARD OF APPEALS AND REVIEW, U.S. CIVIL SERVICE COMMISSION, TO YOU. IN THAT LETTER, THE BOARD OF APPEALS AND REVIEW INFORMED YOU AS FOLLOWS:
"ACCORDINGLY, THE DECISION OF THE THIRD REGION IS REVERSED, THE INSTRUCTION FOR YOUR SEPARATION FROM EMPLOYMENT IS WITHDRAWN, AND THE DEBARMENT AND CANCELLATION ACTIONS ARE RESCINDED.'
A LETTER OF THE SAME DATE WAS DIRECTED BY THE CIVIL SERVICE COMMISSION TO THE DEPARTMENT OF THE ARMY AND THE DEPARTMENT BEING UNABLE TO ASCERTAIN THE INTENT OF THE BOARD OF APPEALS AND REVIEW TELEGRAPHED THAT BODY, AS FOLLOWS:
"REURTEL DATED 22 DEC 1961 CONCERNING RETURN TO DUTY OF CHARLES H. BROWN DOB: 10/24/08, PLS NOTIFY US BY RETURN TWX WHETHER RETURN TO DUTY IS RETROACTIVE TO SUSPENSION DATE OR PROSPECTIVE BASED ON DIRECTED ACTION IN YOUR LETTER.'
IN RESPONSE, THE CHAIRMAN, BOARD OF APPEALS AND REVIEW, INFORMED THE DEPARTMENT BY TELEGRAM OF JANUARY 4, 1962:
"REURTEL 1-3, RETROACTIVE RESTORATION CHARLES H. BROWN NOT AUTHORIZED IN BOARDS DECISION.'
IN VIEW OF THE FACT THAT IT WAS NOT THE INTENT OF THE BOARD TO RESTORE YOU TO DUTY RETROACTIVELY TO THE EFFECTIVE DATE OF YOUR SUSPENSION WE MUST CONCLUDE THAT THE CIVIL SERVICE COMMISSION DID NOT FIND YOU SHOULD BE RESTORED ON THE GROUNDS THAT YOUR SUSPENSION WAS UNJUSTIFIED OR UNWARRANTED WITHIN THE PURVIEW OF THE BACK PAY STATUTE OF JUNE 10, 1948, 5 U.S.C. 652.
THEREFORE, GENERAL ACCOUNTING OFFICE SETTLEMENT OF JUNE 18, 1962, DISALLOWING YOUR CLAIM IS CORRECT AND UPON REVIEW IT MUST BE SUSTAINED.