B-127131, MAR. 28, 1956

B-127131: Mar 28, 1956

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THE BASIS FOR THE DISALLOWANCE IS THAT THE EMPLOYEE HAD NOT ACQUIRED A COMPETITIVE STATUS IN THE CLASSIFIED CIVIL SERVICE AND. WAS NOT ENTITLED TO THE BENEFITS OF THE ACT OF AUGUST 24. THE PROCEEDINGS IN THIS CASE WERE INITIATED PURSUANT TO EXECUTIVE ORDER NO. 9835 OF MARCH 21. SINCE THE REMOVAL OF THE EMPLOYEE WAS DURING THE PROBATIONARY PERIOD UNDER AUTHORITY ABOVE CITED. HE WAS NOT IN THE CLASSIFIED CIVIL SERVICE AND ACCORDINGLY IS NOT ENTITLED TO THE BACK PAY PROVISIONS OF THE ACT OF AUGUST 24. AS THE AUTHORITY OR PROVISIONS OF PUBLIC LAW 733 WERE NOT UTILIZED IN CONNECTION WITH THE REMOVAL PROCEEDINGS INVOLVED IN THIS CASE. ARE NOT FOR APPLICATION. A COPY OF WHICH IS ENCLOSED HEREWITH.

B-127131, MAR. 28, 1956

TO MESSRS. MARGOLIS, MCTERNAN, AND BRANTON, ATTORNEYS AT LAW:

YOUR LETTER OF FEBRUARY 16, 1956, REQUESTS REVIEW OF THE SETTLEMENT OF SEPTEMBER 9, 1955, WHICH DISALLOWED THE CLAIM OF REGINALD HARRIS FOR COMPENSATION FOR A PERIOD OF SUSPENSION FROM DUTY PENDING LOYALTY INVESTIGATION FROM SEPTEMBER 22, 1952, TO JANUARY 20, 1953, AS AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE, CHELI AIR FORCE DEPOTK MAYWOOD, CALIFORNIA. THE BASIS FOR THE DISALLOWANCE IS THAT THE EMPLOYEE HAD NOT ACQUIRED A COMPETITIVE STATUS IN THE CLASSIFIED CIVIL SERVICE AND, ACCORDINGLY, WAS NOT ENTITLED TO THE BENEFITS OF THE ACT OF AUGUST 24, 1912, AS AMENDED BY THE ACT OF JUNE 10, 1948. YOU URGE THAT THE CLAIM BE CONSIDERED UNDER PROVISIONS OF THE ACT OF AUGUST 26, 1950, 64 STAT. 476, 5 U.S.C. 22-1.

THE PROCEEDINGS IN THIS CASE WERE INITIATED PURSUANT TO EXECUTIVE ORDER NO. 9835 OF MARCH 21, 1947, AS AMENDED BY EXECUTIVE ORDER NO. 10241, WHICH REMAINED IN FORCE AND EFFECT DURING THE PERIOD OF THIS CLAIM. THE GENERAL AUTHORITY UNDER WHICH THE PRESIDENT ISSUED THAT ORDER DOES NOT CITE THE ACT OF AUGUST 26, 1950. SINCE THE REMOVAL OF THE EMPLOYEE WAS DURING THE PROBATIONARY PERIOD UNDER AUTHORITY ABOVE CITED, HE WAS NOT IN THE CLASSIFIED CIVIL SERVICE AND ACCORDINGLY IS NOT ENTITLED TO THE BACK PAY PROVISIONS OF THE ACT OF AUGUST 24, 1912, AS AMENDED BY THE ACT OF JUNE 10, 1948, 62 STAT. 355.

AS THE AUTHORITY OR PROVISIONS OF PUBLIC LAW 733 WERE NOT UTILIZED IN CONNECTION WITH THE REMOVAL PROCEEDINGS INVOLVED IN THIS CASE, THE PROVISIONS OF THE ACT REGARDING REINSTATEMENT, RESTORATION, OR BACK PAY, ARE NOT FOR APPLICATION. SEE 35 COMP. GEN. 96, A COPY OF WHICH IS ENCLOSED HEREWITH.