B-116403, AUG 24, 1953

B-116403: Aug 24, 1953

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PRECIS-UNAVAILABLE THE SECRETARY OF THE AIR FORCE: THERE IS TRANSMITTED HEREWITH THE FILE OF THIS OFFICE RELATIVE TO THE CLAIM OF EDGAR A. THE CLAIM WAS TRANSMITTED HERE BY LETTER DATED APRIL 1. WAS DISALLOWED BY THE CLAIMS DIVISION OF THIS OFFICE UNDER DATE OF JUNE 13. HAHN WAS SUSPENDED FROM DUTY AND PAY AS AN EMPLOYEE OF THE SAID AIR FORCE BASE EFFECTIVE DECEMBER 3. THAT HIS CLAIMED EXPERIENCE WITH THIS COMPANY WAS A MAJOR FACTOR IN QUALIFYING HIM FOR THE POSITION OF MECHANICAL ENGINEER. P-4 TO WHICH HE WAS APPOINTED ON SEPTEMBER 26. WAS CONSIDERED IN CONNECTION WITH SUBSEQUENT PROMOTIONS. THE DISALLOWANCE OF HIS CLAIM BY THIS OFFICE WAS PREDICATED ON THE PRINCIPLE THAT EMPLOYMENT OBTAINED BY FRAUDULENT MISREPRESENTATION CONFERS NO ENFORCEABLE RIGHT TO COMPENSATION THAT HAS NOT BEEN PAID.

B-116403, AUG 24, 1953

PRECIS-UNAVAILABLE

THE SECRETARY OF THE AIR FORCE:

THERE IS TRANSMITTED HEREWITH THE FILE OF THIS OFFICE RELATIVE TO THE CLAIM OF EDGAR A. HAHN FOR PAYMENT OF COMPENSATION AND LUMPSUM LEAVE PAYMENT FOR ACCRUED LEAVE TO HIS CREDIT WITHHELD UPON TERMINATION OF HIS SERVICES AS AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE, WRIGHT- PATTERSON AIR FORCE BASE, DAYTON, OHIO. THE CLAIM WAS TRANSMITTED HERE BY LETTER DATED APRIL 1, 1952, FROM THE AIR FORCE FINANCE CENTER, SETTLEMENTS DIVISION, DENVER, COLORADO, WITH THE RECOMMENDATION THAT THE CLAIM NOT BE GIVEN FAVORABLE CONSIDERATION, AND WAS DISALLOWED BY THE CLAIMS DIVISION OF THIS OFFICE UNDER DATE OF JUNE 13, 1952.

IT APPEARS THAT MR. HAHN WAS SUSPENDED FROM DUTY AND PAY AS AN EMPLOYEE OF THE SAID AIR FORCE BASE EFFECTIVE DECEMBER 3, 1951 (SUSPENSION EXTENDED JANUARY 3, 1952), UPON THE BASIS THAT IN APPLICATIONS MADE BY HIM FOR GOVERNMENT EMPLOYMENT HE MADE FALSE STATEMENTS CONCERNING HIS EMPLOYMENT AND EXPERIENCE WITH THE GLENN L. MARTIN COMPANY, BALTIMORE, MARYLAND, AND THAT HIS CLAIMED EXPERIENCE WITH THIS COMPANY WAS A MAJOR FACTOR IN QUALIFYING HIM FOR THE POSITION OF MECHANICAL ENGINEER, P-4 TO WHICH HE WAS APPOINTED ON SEPTEMBER 26, 1944, AND WAS CONSIDERED IN CONNECTION WITH SUBSEQUENT PROMOTIONS. SEE COPY OF LETTER DATED DECEMBER 28, 1951, ADDRESSED TO MR. HAHN BY THE CHIEF, CIVILIAN PERSONNEL SECTION, PERSONNEL DEPARTMENT. HOWEVER, MR. HAHN RESIGNED ON JANUARY 10, 1952, "IN LIEU OF REMOVAL ON THE CHARGES OF FALSIFICATION OF RECORDS AND MAKING FALSE OFFICIAL STATEMENTS." THE DISALLOWANCE OF HIS CLAIM BY THIS OFFICE WAS PREDICATED ON THE PRINCIPLE THAT EMPLOYMENT OBTAINED BY FRAUDULENT MISREPRESENTATION CONFERS NO ENFORCEABLE RIGHT TO COMPENSATION THAT HAS NOT BEEN PAID. SEE 15 COMP. GEN. 587; 31 ID. 262.

ATTENTION IS INVITED TO ATTACHED LETTER OF JULY 15 FROM SHOOK, LAX AND OLSON, ATTORNEYS AT LAW, PRESENTING CERTAIN CONTENTIONS IN SUPPORT OF ALLOWANCE OF THE CLAIM IN WHICH IT IS URGED THAT, CONTRARY TO THE ADMINISTRATIVE DETERMINATION, MR. HAHN'S APPOINTMENT OF SEPTEMBER 26, 1944, AS 4ECHANICAL ENGINEER, P-4, COULD NOT HAVE BEEN BASED UPON OR INFLUENCED BY HIS REPRESENTATIONS AS TO HIS EXPERIENCE IN PRIVATE INDUSTRY, BUT THAT SAID APPOINTMENT, IN FACT, SOLELY RESULTED FROM INTERVIEWS BY CERTAIN OFFICIALS OF THE AIR FORCE BASE AND CONSIDERATION BY THEM OF HIS QUALIFICATIONS, EXPERIENCE, AND EFFICIENT PERFORMANCE OF HIS DUTIES IN THE EMPLOY OF THE DEPARTMENT OF THE AIR FORCE. IF THIS BE TRUE, IT WOULD APPEAR THAT ALLOWANCE OF THE CLAIM WOULD BE WARRANTED.

ACCORDINGLY, THE MATTER IS SUBMITTED FOR YOUR CONSIDERATION AND REPORT IN RESPECT TO THE CONTENTIONS CONTAINED IN THE ATTORNEYS' LETTER OF JULY 15, AND AS TO WHETHER YOUR DEPARTMENT ADHERES TO THE PRIOR ADMINISTRATIVE DETERMINATION THAT THE CLAIMANT'S APPOINTMENT OF SEPTEMBER 26, 1944, WAS PREDICATED ON HIS REPRESENTATIONS AS TO HIS EMPLOYMENT WITH THE GLENN L. MARTIN COMPANY. IN THAT CONNECTION, ADVICE ALSO IS REQUESTED AS TO WHETHER, IRRESPECTIVE OF THE MISREPRESENTATIONS INVOLVED, THE CLAIMANT POSSESSED THE NECESSARY QUALIFICATIONS FOR APPOINTMENT AND COULD LAWFULLY HAVE BEEN APPOINTED TO THE POSITION IN QUESTION, OR WHETHER SUCH APPOINTMENT WAS PRECLUDED BY REASON OF ANY STATUTE, REGULATION OR ADMINISTRATIVE PRACTICE.

IT IS REQUESTED THAT THE FILE TRANSMITTED HEREWITH BE RETURNED TO THIS OFFICE WITH YOUR REPLY.