B-110173, JULY 22, 1952, 32 COMP. GEN. 41

B-110173: Jul 22, 1952

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PERFORMED SERVICE IN A POSITION AND CLASSIFICATION DIFFERENT FROM THAT TO WHICH HE WAS SUBSEQUENTLY PROMOTED AS A REGULAR EMPLOYEE MAY NOT HAVE SUCH SERVICE COUNTED FOR PURPOSES OF ENTITLEMENT TO THE FOUR GRADE ADVANCEMENT AUTHORIZED BY SECTION 1 OF THE ACT OF MARCH 6. WHERE THE RESIGNATION OF AN EMPLOYEE FROM A POSITION IN THE POSTAL SERVICE IS ACCEPTED BY THE ADMINISTRATIVE OFFICE SO AS TO CONSTITUTE A COMPLETE SEPARATION FROM THE POSTAL SERVICE. THE EMPLOYEE IS APPOINTED FROM A CIVIL SERVICE REGISTER OF ELIGIBLES THE NEXT DAY WITHOUT A BREAK IN SERVICE TO ANOTHER POSITION IN THE POSTAL SERVICE. IS NOT AN ENTRY INTO THE FIELD SERVICE WITHIN THE TWO GRADE ADVANCEMENT PROVISION OF SECTION 4 (A) OF THE ACT OF OCTOBER 24.

B-110173, JULY 22, 1952, 32 COMP. GEN. 41

COMPENSATION - POSTAL SERVICE - AUTOMATIC PROMOTIONS - CHANGE OF POSITION AFTER JUNE 30, 1945 A SUBSTITUTE POSTAL SERVICE EMPLOYEE WHO PRIOR TO JULY 1, 1945, PERFORMED SERVICE IN A POSITION AND CLASSIFICATION DIFFERENT FROM THAT TO WHICH HE WAS SUBSEQUENTLY PROMOTED AS A REGULAR EMPLOYEE MAY NOT HAVE SUCH SERVICE COUNTED FOR PURPOSES OF ENTITLEMENT TO THE FOUR GRADE ADVANCEMENT AUTHORIZED BY SECTION 1 OF THE ACT OF MARCH 6, 1946, AS AMENDED. WHERE THE RESIGNATION OF AN EMPLOYEE FROM A POSITION IN THE POSTAL SERVICE IS ACCEPTED BY THE ADMINISTRATIVE OFFICE SO AS TO CONSTITUTE A COMPLETE SEPARATION FROM THE POSTAL SERVICE, AND THE EMPLOYEE IS APPOINTED FROM A CIVIL SERVICE REGISTER OF ELIGIBLES THE NEXT DAY WITHOUT A BREAK IN SERVICE TO ANOTHER POSITION IN THE POSTAL SERVICE, THE EMPLOYEE MAY BE CONSIDERED AS HAVING ENTERED THE FIELD SERVICE AFTER JUNE 30, 1945, FOR PURPOSES OF ENTITLEMENT TO THE TWO GRADE ADVANCEMENT AUTHORIZED BY SECTION 4 (A) OF THE ACT OF OCTOBER 24, 1951. A CHANGE FROM SUBSTITUTE CLERK IN THE POSTAL TRANSPORTATION SERVICE TO SUBSTITUTE POST OFFICE CLERK, EFFECTED BY TRANSFER RATHER THAN BY RESIGNATION AND APPOINTMENT FROM A CIVIL SERVICE REGISTER, IS NOT AN ENTRY INTO THE FIELD SERVICE WITHIN THE TWO GRADE ADVANCEMENT PROVISION OF SECTION 4 (A) OF THE ACT OF OCTOBER 24, 1951.

ACTING COMPTROLLER GENERAL YATES TO THE POSTMASTER GENERAL, JULY 22, 1952:

REFERENCE IS MADE TO LETTER DATED MAY 29, 1952, FROM THE ACTING POSTMASTER GENERAL, REFERENCE 12, REQUESTING A DECISION WHETHER JAMES F. PEPPER, POST OFFICE CLERK, LOUISVILLE, KENTUCKY, WHO HAS A SERVICE RECORD AS HEREINAFTER SET FORTH, MAY BE CONSIDERED AS BEING ENTITLED TO 4 ADDITIONAL GRADES UNDER SECTION 1 OF THE ACT OF MARCH 6, 1946, PUBLIC LAW 317, AS AMENDED BY SECTION 3 OF THE ACT OF APRIL 15, 1947, PUBLIC LAW 35, 61 STAT. 40, UPON CONVERSION FROM SUBSTITUTE TO REGULAR CLERK EFFECTIVE JULY 1, 1948. ALSO, IN THE EVENT THE ANSWER TO THAT QUESTION BE IN THE NEGATIVE, A DECISION IS REQUESTED UPON THE ADDITIONAL QUESTION OF (1) WHETHER THE EMPLOYEE MAY BE REGARDED AS HAVING ENTERED THE POSTAL FIELD SERVICE WHEN HE *AS APPOINTED SUBSTITUTE POST OFFICE CLERK FROM A CIVIL SERVICE REGISTER ON DECEMBER 1, 1947, SO THAT HE MAY BE ALLOWED 2 ADDITIONAL GRADES, EFFECTIVE JULY 1, 1941, UNDER SECTION 4 (A) OF THE ACT OF OCTOBER 24, 1941, PUBLIC LAW 204, 65 STAT. 625, AND (2) WHETHER THE ANSWER WOULD BE THE SAME IF THE EMPLOYEE'S CHANGE FROM SUBSTITUTE CLERK IN THE POSTAL TRANSPORTATION SERVICE TO SUBSTITUTE CLERK IN OFFICE HAD BEEN EFFECTED BY TRANSFER INSTEAD OF BY ACTUAL APPOINTMENT FROM THE CIVIL SERVICE REGISTER.

THE SERVICE RECORD OF THE EMPLOYEE, AS SHOWN IN THE DEPARTMENT'S LETTER, INDICATES THAT HE WAS APPOINTED AS A WAR SERVICE SUBSTITUTE CLERK IN THE POSTAL TRANSPORTATION SERVICE (FORMERLY KNOWN AS THE RAILWAY MAIL SERVICE) ON JANUARY 28, 1944; THAT HE RESIGNED ON NOVEMBER 30, 1947, AND WAS APPOINTED THE NEXT DAY AS A SUBSTITUTE POST OFFICE CLERK FROM THE LOUISVILLE, KENTUCKY, CIVIL SERVICE REGISTER; AND THAT HE WAS PROMOTED TO REGULAR POST OFFICE CLERK ON JULY 1, 1948.

IT IS STATED IN THE LETTER THAT BASED UPON GENERAL ACCOUNTING OFFICE DECISION OF APRIL 19, 1949, B-82624, 28 COMP. GEN. 583, THE EMPLOYEE WAS NOT ALLOWED THE FOUR ADDITIONAL GRADES UNDER PUBLIC LAW 317, AS AMENDED, WHEN CONVERTED FROM SUBSTITUTE TO REGULAR POST OFFICE CLERK BECAUSE HE WAS A SUBSTITUTE CLERK IN THE POSTAL TRANSPORTATION SERVICE ON JUNE 30, 1945-- - THE REFERRED-TO DECISION OF APRIL 19, 1949, HAVING HELD THAT AN EMPLOYEE WHO IS NOT ENTITLED TO CREDIT FOR SUBSTITUTE SERVICE PRIOR TO JULY 1, 1945, ACTUALLY RENDERED IN THE SAME POSITION AND CLASSIFICATION TO WHICH APPOINTED AS REGULAR IS NOT ENTITLED TO THE 4 ADDITIONAL GRADES AUTHORIZED BY PUBLIC LAW 317, AS AMENDED. I KNOW OF NO BASIS FOR DISTURBING THE HOLDING IN THAT DECISION AT THIS TIME. SEE 29 COMP. GEN. 191. SINCE THE SERVICE OF THE PARTICULAR EMPLOYEE AS A SUBSTITUTE CLERK IN THE POSTAL TRANSPORTATION SERVICE WAS NOT RENDERED IN THE POSITION OF POST OFFICE CLERK IN WHICH HE WAS PROMOTED TO REGULAR IN THE LOUISVILLE POST OFFICE, THE EMPLOYEE MAY NOT, IN LINE WITH THE DECISION OF APRIL 19, 1949, BE REGARDED AS HAVING MET THE REQUIREMENTS OF PUBLIC LAW 317, AS AMENDED, SO AS TO ENTITLE HIM TO 4 ADDITIONAL GRADES EFFECTIVE JULY 1, 1948, UPON PROMOTION FROM SUBSTITUTE TO REGULAR POST OFFICE CLERK. ACCORDINGLY, THE FIRST QUESTION IS ANSWERED IN THE NEGATIVE.

THE SECOND QUESTION IS SIMILAR TO THE QUESTION CONSIDERED IN DECISION OF JULY 2, 1952, B-108634, 32 COMP. GEN. 5, TO YOU, WHEREIN IT WAS HELD THAT, IN THE ABSENCE OF A COMPLETE SEPARATION FROM THE POSTAL SERVICE, AN EMPLOYEE WHO HAD BEEN IN THE POSTAL SERVICE CONTINUOUSLY SINCE BEFORE JULY 1, 1945, AND WHO TRANSFERRED TO ANOTHER POSITION IN THE POSTAL SERVICE AFTER JUNE 30, 1945, MAY NOT BE CONSIDERED AS HAVING "ENTERED THE FIELD SERVICE AFTER JUNE 30, 1945," WITHIN THE MEANING OF THAT TERM AS USED IN SECTION 4 (A), PUBLIC LAW 204, WHEN HE ACCEPTED THE TRANSFER. ALSO, IT WAS HELD THAT WHERE THE RESIGNATION OF AN EMPLOYEE FROM A POSITION IN THE POSTAL SERVICE WAS ACCEPTED BY THE ADMINISTRATIVE OFFICE SO AS TO CONSTITUTE A COMPLETE SEPARATION FROM THE POSTAL SERVICE AND THE EMPLOYEE WAS APPOINTED FROM A CIVIL SERVICE REGISTER OF ELIGIBLES, THE NEXT DAY WITHOUT A BREAK IN SERVICE TO ANOTHER POSITION IN THE POSTAL SERVICE, IT WOULD BE PROPER TO CONSIDER THE EMPLOYEE AS HAVING ENTERED THE FIELD SERVICE AFTER JUNE 30, 1945, WITHIN THE MEANING OF SECTION 4 (A), PUBLIC LAW 204.

IF THE RESIGNATION OF THE EMPLOYEE ON NOVEMBER 30, 1947, FROM THE POSITION OF SUBSTITUTE CLERK IN THE POSTAL TRANSPORTATION SERVICE ACTUALLY DID CONSTITUTE A COMPLETE SEPARATION FROM THE POSTAL SERVICE, AS INDICATED IN THE DEPARTMENT'S LETTER, THE EMPLOYEE, UPON APPOINTMENT AS A SUBSTITUTE POST OFFICE CLERK ON DECEMBER 1, 1947, FROM A CIVIL SERVICE REGISTER OF ELIGIBLES, MAY BE CONSIDERED AS HAVING ENTERED THE FIELD SERVICE *AFTER JUNE 30, 1945, FOR THE PURPOSES OF SECTION 4 (A), PUBLIC LAW 204. ACCORDINGLY, THE FIRST PART OF THE SECOND QUESTION IS ANSWERED IN THE AFFIRMATIVE. THE SECOND PART OF THAT QUESTION IS ANSWERED IN THE NEGATIVE, SINCE THE CHANGE FROM SUBSTITUTE CLERK IN THE POSTAL TRANSPORTATION SERVICE TO A SUBSTITUTE POST OFFICE CLERK, EFFECTED BY A TRANSFER INSTEAD OF BY A RESIGNATION AND APPOINTMENT FROM A CIVIL SERVICE REGISTER, WOULD NOT INVOLVE AN ENTRY INTO THE FIELD SERVICE SO AS TO BRING THE EMPLOYEE WITHIN THE TERMS OF SECTION 4 (A), PUBLIC LAW 204. SEE B- 108634, JULY 2, 1952, 32 COMP. GEN. 5.