B-126662, MAR. 21, 1956

B-126662: Mar 21, 1956

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THE RECORD DISCLOSES THAT THE DELAYS ENCOUNTERED IN ACCOMPLISHING YOUR APPOINTMENT TO THE SERVICE WERE CAUSED BY REQUIREMENTS AND EVENTS BEYOND THE CONTROL OF YOURSELF AND THE ADMINISTRATIVE AGENCY. OR TRANSFERRED TO AN OVERSEAS POSITION WILL BE THE DATE ON WHICH THE EMPLOYEE ENTERS INTO AN OFFICIAL TRAVEL STATUS FROM THE POINT OF HIRE OR PLACE OF ACTUAL RESIDENCE TO THE OVERSEAS STATION.'. IT IS ADMINISTRATIVELY REPORTED (1) THAT YOU WERE INFORMED OF THE ADMINISTRATIVE INSTRUCTIONS DURING THE PERIOD OF YOUR INITIAL PROCESSING FOR THE POSITION. OF WHAT IS PROVIDED IN THE DEPARTMENT OF THE AIR FORCE INSTRUCTIONS OR REGULATIONS IT IS WELL SETTLED LAW THAT COMPENSATION MAY NOT BE PAID TO AN EMPLOYEE FOR A PERIOD PRIOR TO THE EFFECTIVE DATE OF HIS APPOINTMENT.

B-126662, MAR. 21, 1956

TO MISS BARBARA A. HICKS:

YOUR RECENT LETTER REQUESTS REVIEW OF OUR SETTLEMENT OF NOVEMBER 22, 1955, WHICH DISALLOWED YOUR CLAIM FOR COMPENSATION COVERING THE PERIOD NOVEMBER 19 TO DECEMBER 6, 1954, INCLUSIVE, A PERIOD PRIOR TO THE EFFECTIVE DATE OF YOUR APPOINTMENT, DECEMBER 7, 1954, AS AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE.

THE RECORD DISCLOSES THAT THE DELAYS ENCOUNTERED IN ACCOMPLISHING YOUR APPOINTMENT TO THE SERVICE WERE CAUSED BY REQUIREMENTS AND EVENTS BEYOND THE CONTROL OF YOURSELF AND THE ADMINISTRATIVE AGENCY.

SECTION 5, PARAGRAPH 4 OF THE OVERSEAS RECRUITING REPRESENTATIVE HANDBOOK, DEPARTMENT OF THE AIR FORCE, OVERSEAS EMPLOYMENT BRANCH, DATED JANUARY 1, 1954, STATES THAT "THE EFFECTIVE DATE OF ENTRANCE OF DUTY IN A PAY STATUS OF A PERSON BEING APPOINTED, REASSIGNED, OR TRANSFERRED TO AN OVERSEAS POSITION WILL BE THE DATE ON WHICH THE EMPLOYEE ENTERS INTO AN OFFICIAL TRAVEL STATUS FROM THE POINT OF HIRE OR PLACE OF ACTUAL RESIDENCE TO THE OVERSEAS STATION.' IT IS ADMINISTRATIVELY REPORTED (1) THAT YOU WERE INFORMED OF THE ADMINISTRATIVE INSTRUCTIONS DURING THE PERIOD OF YOUR INITIAL PROCESSING FOR THE POSITION, AND (2) THAT YOU DID NOT ENTER AN OFFICIAL TRAVEL STATUS THEREUNDER UNTIL DECEMBER 7, 1954.

REGARDLESS, HOWEVER, OF WHAT IS PROVIDED IN THE DEPARTMENT OF THE AIR FORCE INSTRUCTIONS OR REGULATIONS IT IS WELL SETTLED LAW THAT COMPENSATION MAY NOT BE PAID TO AN EMPLOYEE FOR A PERIOD PRIOR TO THE EFFECTIVE DATE OF HIS APPOINTMENT, AND THAT AN APPOINTMENT MAY NOT BE MADE RETROACTIVELY EFFECTIVE FOR PURPOSES OF ACCOMPLISHING PAYMENT OF COMPENSATION. IN OUR DECISION OF OCTOBER 11, 1937, 17 COMP. GEN. 323, IT IS STATED:

"WHILE IT APPEARS FROM YOUR LETTER THAT IT WAS THE DESIRE AND INTENTION OF THE REGIONAL DIRECTOR TO HAVE THE APPOINTMENT MADE EFFECTIVE JULY 10, 1936, IT IS REPORTED THAT THE APPOINTING AUTHORITY DID NOT SO APPROVE THE APPOINTMENT BUT MADE SAME EFFECTIVE AUGUST 1, 1936. ALTHOUGH NO ATTEMPT WAS MADE TO GIVE THE APPOINTMENT RETROACTIVE EFFECT, IT MAY BE STATED THAT THE RULE IS WELL ESTABLISHED THAT RETROACTIVE APPOINTMENTS DO NOT ENTITLE THE APPOINTEE TO ANY COMPENSATION PRIOR TO THE DATE THE APPOINTMENT WAS ACTUALLY MADE BY THE PROPER AUTHORITY. 20 COMP. DEC. 214; 26 ID. 443; 7 COMP. GEN. 96; 8 ID. 582.'

THE FIRST OF THE DECISIONS CITED IN THE ABOVE QUOTE WAS RENDERED BY FORMER COMPTROLLER OF THE TREASURY UNDER DATE OF OCTOBER 10, 1913, WHEREIN WERE CITED A NUMBER OF COURT CASES, INCLUDING GRAMBS V. UNITED STATES, 23 C.CLS. 420; BELCHER V. UNITED STATES, 34 ID. 400, AND MOREY V. UNITED STATES, 35 ID. 603. ALSO, SEE OUR DECISIONS 20 COMP. GEN. 267 AND 18 COMP. GEN. 907, 908, IN THE LATTER OF WHICH IT IS STATED, AMONG OTHER THINGS:

"IT HAS BEEN HELD THAT APPOINTMENTS ARE EFFECTIVE FROM DATE OF ACCEPTANCE AND ENTRANCE ON DUTY AFTER THE APPOINTING POWER ACTUALLY TAKES ACTION, UNLESS A LATER DATE IS STATED IN THE APPOINTMENT, AND MAY NOT BE RETROACTIVE. 8 COMP. GEN. 582, 17 ID. 323.'

ACCORDINGLY, IN THE LIGHT OF THE FACTS IN YOUR CASE AND THE APPLICABLE LAW, THE SETTLEMENT OF YOUR CLAIM IS CORRECT AND UPON REVIEW IT IS SUSTAINED.