B-149393, OCT. 17, 1962
Highlights
IN THAT DECISION YOUR CLAIM WAS DISALLOWED BECAUSE WE CONCLUDED FROM THE RECORD THAT THE CIVIL SERVICE COMMISSION DID NOT FIND THAT YOU SHOULD BE RESTORED TO DUTY ON THE GROUNDS THAT YOUR SUSPENSION WAS UNJUSTIFIED OR UNWARRANTED WITHIN THE PURVIEW OF THE BACK PAY STATUTE OF JUNE 10. THE CIVIL SERVICE COMMISSION IS OF THE VIEW THAT THE ACT OF AUGUST 24. ARE NOT APPLICABLE TO SUSPENSIONS RESULTING FROM ITS DIRECTIVES. THE RECORD SHOWS THAT YOU WERE SUSPENDED BY THE DEPARTMENT OF THE ARMY EFFECTIVE SEPTEMBER 2. WE NOTE THAT IN CHAPTER S -1-10 OF THE FEDERAL PERSONNEL MANUAL THE CIVIL SERVICE COMMISSION STATES THAT WHEN AN EMPLOYEE IS SUSPENDED UNDER CIRCUMSTANCES SUCH AS IN YOUR CASE. WE HAVE NO ALTERNATIVE BUT TO SUSTAIN OUR DECISION.
B-149393, OCT. 17, 1962
TO MR. C. HOMER BROWN:
YOUR LETTER OF SEPTEMBER 24, 1962, REQUESTS THAT WE CONSIDER OUR DECISION OF JULY 25, 1962, RELATING TO YOUR CLAIM FOR ADDITIONAL COMPENSATION ALLEGED TO BE DUE YOU FOR THE PERIOD OF YOUR SUSPENSION FROM THE SERVICE, SEPTEMBER 2, 1961, TO JANUARY 4, 1962, AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY.
IN THAT DECISION YOUR CLAIM WAS DISALLOWED BECAUSE WE CONCLUDED FROM THE RECORD THAT THE CIVIL SERVICE COMMISSION DID NOT FIND THAT YOU SHOULD BE RESTORED TO DUTY 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 (B). APPARENTLY, THE CIVIL SERVICE COMMISSION IS OF THE VIEW THAT THE ACT OF AUGUST 24, 1912, AS AMENDED 5 U.S.C. 652 AND SECTION 14 OF THE VETERANS PREFERENCE ACT, 5 U.S.C. 863, ARE NOT APPLICABLE TO SUSPENSIONS RESULTING FROM ITS DIRECTIVES. SEE SECTION 2.108 (E) OF THE COMMISSION'S REGULATIONS.
THE RECORD SHOWS THAT YOU WERE SUSPENDED BY THE DEPARTMENT OF THE ARMY EFFECTIVE SEPTEMBER 2, 1961, AS A RESULT OF A LETTER FROM THE CIVIL SERVICE COMMISSION UNDER SECTION 2.108 OF ITS REGULATIONS (FEDERAL PERSONNEL MANUAL, A1-221) DIRECTING YOUR REMOVAL FROM THE SERVICE BECAUSE OF YOUR INTENTIONAL FALSIFICATION OF YOUR APPOINTMENT APPLICATION. UPON APPEAL THE COMMISSION INSTRUCTED THE ADMINISTRATIVE AGENCY TO RESTORE YOU TO ACTIVE DUTY THEREBY ENDING YOUR SUSPENSION. HOWEVER, THE RECORD FURTHER SHOWS THAT THIS ACTION BY THE COMMISSION DID NOT CANCEL THE SUSPENSION ACTION OF SEPTEMBER 2, 1961. THUS, YOUR SUSPENSION FROM YOUR POSITION BY THE DEPARTMENT OF THE ARMY RESULTING FROM THE DIRECTIVE ISSUED BY THE COMMISSION MAY NOT BE CONSIDERED AS AN UNJUSTIFIED OR UNWARRANTED SEPARATION BY THE ADMINISTRATIVE OFFICE SO AS TO ENTITLE YOU TO THE BACK PAY BENEFITS OF THE PROVISIONS OF 5 U.S.C. 652. WE NOTE THAT IN CHAPTER S -1-10 OF THE FEDERAL PERSONNEL MANUAL THE CIVIL SERVICE COMMISSION STATES THAT WHEN AN EMPLOYEE IS SUSPENDED UNDER CIRCUMSTANCES SUCH AS IN YOUR CASE, THE JOB PROTECTION PROCEDURES DO NOT APPLY.
SINCE YOUR LETTER OF SEPTEMBER 24, 1962, ADDS NO MATERIAL FACTS TO THE CASE, WE HAVE NO ALTERNATIVE BUT TO SUSTAIN OUR DECISION.