B-111365, AUG. 7, 1957
Highlights
G. GROUP: WE HAVE BY REFERENCE FROM THE ARMY FINANCE CENTER. TO WHICH YOU WERE DEMOTED EFFECTIVE JUNE 29. TO WHICH YOU WERE RESTORED EFFECTIVE OCTOBER 5. THE REASON FOR THE DISALLOWANCE IS THAT THERE WAS NO EVIDENCE OF A RESTORATION RESULTING FROM AN APPEAL ACTION. WAS ALLOWED. IS THAT A RESTORATION. THE DISALLOWANCE OF YOUR CLAIM ON ACCOUNT OF THAT DEMOTION WAS CORRECT AND MUST BE SUSTAINED ON THE PRESENT RECORD. WE HAVE NOT BEEN ABLE TO IDENTIFY ANY RECENT DECISION OF THE SUPREME COURT OR OTHER COURT WHICH WOULD REQUIRE US TO TAKE ANY DIFFERENT ACTION ON YOUR CLAIM. WE NOTE THAT YOUR CLAIM FILED IN THE COURT OF CLAIMS ON ACCOUNT OF THE DEMOTION IN QUESTION WAS DISMISSED ON MAY 5.
B-111365, AUG. 7, 1957
TO MR. CHARLES G. G. GROUP:
WE HAVE BY REFERENCE FROM THE ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, YOUR LETTER DATED MAY 20, 1957, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR BACK PAY.
BY SETTLEMENT OF APRIL 22, 1957, WE ALLOWED YOU THE SUM OF $168.83 REPRESENTING THE DIFFERENCE IN SALARY BETWEEN THAT FOR GRADE CAF-10, $5,278.20 PER ANNUM, TO WHICH YOU WERE DEMOTED EFFECTIVE JUNE 29, 1947, AND THAT FOR GRADE CAF-11, $5,905.20 PER ANNUM, TO WHICH YOU WERE RESTORED EFFECTIVE OCTOBER 5, 1947, UPON ORDER OF THE UNITED STATES CIVIL SERVICE COMMISSION AS A RESULT OF YOUR APPEAL UNDER SECTION 14 OF THE VETERANS PREFERENCE ACT OF 1944, AS AMENDED, 5 U.S.C. 863.
WE DISALLOWED YOUR CLAIM FOR ADJUSTMENT OF SALARY ON ACCOUNT OF A DEMOTION FROM GRADE CAF-12, $5,390 PER ANNUM, EFFECTIVE MAY 5, 1946. THE REASON FOR THE DISALLOWANCE IS THAT THERE WAS NO EVIDENCE OF A RESTORATION RESULTING FROM AN APPEAL ACTION.
THE BASIS FOR THE RULE IN OUR DECISION OF MAY 3, 1955, 34 COMP. GEN. 561, UNDER WHICH YOUR CLAIM FOR THE PERIOD JUNE 29 THROUGH OCTOBER 4, 1947, WAS ALLOWED, IS THAT A RESTORATION, FOLLOWING A DEMOTION, AS A RESULT OF AN APPEAL TO THE CIVIL SERVICE COMMISSION GIVES RISE TO A CLAIM FOR ADJUSTMENT OF SALARY FOR THE PERIOD OF DEMOTION. SINCE OUR RECORDS CONTAIN NO EVIDENCE OF A RESTORATION AS A RESULT OF AN APPEAL OF THE MAY 5, 1946 DEMOTION, THE DISALLOWANCE OF YOUR CLAIM ON ACCOUNT OF THAT DEMOTION WAS CORRECT AND MUST BE SUSTAINED ON THE PRESENT RECORD.
WE HAVE NOT BEEN ABLE TO IDENTIFY ANY RECENT DECISION OF THE SUPREME COURT OR OTHER COURT WHICH WOULD REQUIRE US TO TAKE ANY DIFFERENT ACTION ON YOUR CLAIM.
WE NOTE THAT YOUR CLAIM FILED IN THE COURT OF CLAIMS ON ACCOUNT OF THE DEMOTION IN QUESTION WAS DISMISSED ON MAY 5, 1953, BECAUSE OF THE BAR OF THE STATUTE OF LIMITATIONS.