B-153136, OCT. 11, 1965
Highlights
B. BERRY BARGER: THIS IS IN REFERENCE TO YOUR LETTER OF SEPTEMBER 9. WHICH HAVE BEEN EXAMINED AT LENGTH IN NUMEROUS ACTIONS BY THE CIVIL SERVICE COMMISSION AND IN THE COURT OF CLAIMS. YOU ARE REQUESTING BACK PAY AND LEAVE DUE TO ALLEGED ILLEGAL ACTION BY THE COMMANDING OFFICER. BY TRANSFERS OF EMPLOYEES FROM OTHER AGENCIES WHEN YOU WERE ON THE AIR FORCE REEMPLOYMENT PRIORITY LIST FOR THE DENVER. THE COURT OF CLAIMS HELD THAT THERE WAS A REASONABLE BASIS FOR THE COMMISSIONER'S DECISION AND. IT WAS FINAL. THIS IN EFFECT CONSTITUTED A CONCLUSIVE DETERMINATION THAT YOUR REEMPLOYMENT RIGHTS AS A SEPARATED EMPLOYEE HAD NOT BEEN VIOLATED SINCE YOU WERE FOUND TO BE NOT QUALIFIED FOR THE POSITIONS IN QUESTION.
B-153136, OCT. 11, 1965
TO MRS. B. BERRY BARGER:
THIS IS IN REFERENCE TO YOUR LETTER OF SEPTEMBER 9, 1965, APPEALING FROM OUR OFFICE SETTLEMENT OF SEPTEMBER 3, 1965, DENYING YOUR CLAIM FOR BACK PAY AND LEAVE FROM MARCH 28, 1961, TO DECEMBER 11, 1961.
WITHOUT DETAILING THE FACTS, WHICH HAVE BEEN EXAMINED AT LENGTH IN NUMEROUS ACTIONS BY THE CIVIL SERVICE COMMISSION AND IN THE COURT OF CLAIMS, CT.CL. NO. 356-63, DECIDED APRIL 16, 1965, YOU ARE REQUESTING BACK PAY AND LEAVE DUE TO ALLEGED ILLEGAL ACTION BY THE COMMANDING OFFICER, LOWRY AIR FORCE BASE, COLORADO, ON MARCH 28, 1961, AND JUNE 21, 1961, IN FILLING TWO MANAGEMENT ANALYST POSITIONS, GS-11, BY TRANSFERS OF EMPLOYEES FROM OTHER AGENCIES WHEN YOU WERE ON THE AIR FORCE REEMPLOYMENT PRIORITY LIST FOR THE DENVER, COLORADO, COMMUTING AREA. YOU HAD BEEN SEPARATED IN A REDUCTION IN FORCE FROM THE POSITION OF EMPLOYEE UTILIZATION OFFICER, GS -10, ON FEBRUARY 7, 1960, AND REEMPLOYED ON DECEMBER 13, 1961. YOU PERFORMED NO WORK FOR THE GOVERNMENT DURING THAT PERIOD.
THE CIVIL SERVICE COMMISSION UPON REVIEW OF THE ENTIRE RECORD DETERMINED ON SEPTEMBER 3, 1963, THAT YOU DID NOT MEET THE QUALIFICATIONS FOR THE POSITION OF MANAGEMENT ANALYST, GS-11, AT THE TIME OF YOUR REINSTATEMENT IN DECEMBER 1961, AND GRANTED A WAIVER OF THE QUALIFICATION STANDARDS. THE COMMISSION LIKEWISE DETERMINED THAT YOU DID NOT MEET THE MINIMUM QUALIFICATION REQUIREMENTS FOR THE POSITION OF MANAGEMENT ANALYST, GS-9, AT THE TIME OF YOUR REDUCTION IN FORCE IN FEBRUARY 1960. THE COURT OF CLAIMS HELD THAT THERE WAS A REASONABLE BASIS FOR THE COMMISSIONER'S DECISION AND, THEREFORE,IT WAS FINAL. THIS IN EFFECT CONSTITUTED A CONCLUSIVE DETERMINATION THAT YOUR REEMPLOYMENT RIGHTS AS A SEPARATED EMPLOYEE HAD NOT BEEN VIOLATED SINCE YOU WERE FOUND TO BE NOT QUALIFIED FOR THE POSITIONS IN QUESTION.
ON THE BASIS OF THE FOREGOING THIS OFFICE CAN ONLY CONCLUDE THAT THE ACTION TAKEN BY THE COMMANDING OFFICER, LOWRY AIR FORCE BASE, IN FILLING THE GS-11 POSITIONS WAS PROPER AND, THEREFORE, NO ENTITLEMENT TO BACK PAY OR LEAVE ON YOUR PART FOR THE PERIOD IN QUESTION EXISTS.
ACCORDINGLY, UPON THE RECORD OUR SETTLEMENT OF SEPTEMBER 3, 1965, DISALLOWING YOUR CLAIM FOR BACK PAY MUST BE AND IS SUSTAINED.