B-118217, JAN 14, 1954

B-118217: Jan 14, 1954

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JONES: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 10. THE COMPENSATION YOU WOULD HAVE EARNED AS LEADINGMAN MOLDER DURING THE PERIOD FROM JANUARY 26. C. IT IS NOTED THAT YOU ARE A PERMANENT EMPLOYEE ENTITLED TO VETERANS' PREFERENCE. APPARENTLY YOU ARE OF THE BELIEF THAT YOUR REDUCTION IN COMPENSATION RESULTING FROM YOUR DEMOTION FOR THE PERIOD INDICATED WAS IN CONTRAVENTION OF SECTION 14 OF THE VETERANS' PREFERENCE ACT OF 1944. YOU STATE THAT YOUR DEMOTION WAS DUE TO A REDUCTION IN FORCE. THAT RESTORATION TO YOUR FORMER POSITION AS SUPERVISOR (LEADINGMAN MOLDER) WAS THE RESULT OF CORRECTIVE ADMINISTRATIVE ACTION. PARAGRAPH 3 THEREOF STATES THAT "I DID NOT REMAIN IN THE SAME POSITION AND DID NOT PERFORM SUPERVISORY DUTIES DURING THE PERIOD FOR WHICH DIFFERENCE IN SALARY IS BEING CLAIMED.".

B-118217, JAN 14, 1954

PRECIS-UNAVAILABLE

WILMER J. JONES:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 10, 1953, RELATIVE TO GENERAL ACCOUNTING OFFICE SETTLEMENT DATED MARCH 14, 1950, WHICH DISALLOWED YOUR CLAIM FOR THE DIFFERENCE IN THE RATE OF COMPENSATION YOU RECEIVED AS MOLDER, AND THE COMPENSATION YOU WOULD HAVE EARNED AS LEADINGMAN MOLDER DURING THE PERIOD FROM JANUARY 26, 1946, TO JUNE 23, 1947, WHILE AN EMPLOYEE OF THE U. S. NAVAL GUN FACTORY, WASHINGTON, D. C. IT IS NOTED THAT YOU ARE A PERMANENT EMPLOYEE ENTITLED TO VETERANS' PREFERENCE, AND APPARENTLY YOU ARE OF THE BELIEF THAT YOUR REDUCTION IN COMPENSATION RESULTING FROM YOUR DEMOTION FOR THE PERIOD INDICATED WAS IN CONTRAVENTION OF SECTION 14 OF THE VETERANS' PREFERENCE ACT OF 1944, 58 STAT. 390, AS AMENDED.

THE RECORDS OF THIS OFFICE DO NOT SHOW THAT YOU FILED AN APPEAL WITH THE CIVIL SERVICE COMMISSION UNDER THE PROVISIONS OF SECTION 14 OF THE VETERANS' PREFERENCE ACT, SUPRA. HOWEVER THAT MAY BE, IN YOUR LETTER DATED JANUARY 9, 1950, TO THE CLAIMS DIVISION, GENERAL ACCOUNTING OFFICE, YOU STATE THAT YOUR DEMOTION WAS DUE TO A REDUCTION IN FORCE, AND THAT RESTORATION TO YOUR FORMER POSITION AS SUPERVISOR (LEADINGMAN MOLDER) WAS THE RESULT OF CORRECTIVE ADMINISTRATIVE ACTION. PARAGRAPH 3 THEREOF STATES THAT "I DID NOT REMAIN IN THE SAME POSITION AND DID NOT PERFORM SUPERVISORY DUTIES DURING THE PERIOD FOR WHICH DIFFERENCE IN SALARY IS BEING CLAIMED."

SINCE IT APPEARS THAT YOU HAVE RECEIVED THE RATE OF COMPENSATION SPECIFIED FOR THE POSITION TO WHICH YOU WERE ASSIGNED AND OCCUPIED DURING THE PERIOD INVOLVED, THERE IS NO BASIS FOR ALLOWING YOU ADDITIONAL COMPENSATION, AS CLAIMED. COLEMAN V. UNITED STATES, 100 C. CLS. 41; 29 COMP. GEN. 135. NEITHER THE VETERANS' PREFERENCE ACT OF 1944, AS AMENDED, NOR ANY OTHER STATUTE, AUTHORIZES THE PAYMENT OF COMPENSATION IN EXCESS OF THE RATE SPECIFIED FOR THE POSITION TO WHICH A PREFERENCE ELIGIBLE EMPLOYEE MAY BE ASSIGNED. ACCORDINGLY, THE SETTLEMENT OF MARCH 14, 1950, IS FOUND CORRECT AND IT IS HEREBY SUSTAINED.