B-135327, MAR. 19, 1956

B-135327: Mar 19, 1956

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OUR DECISIONS CONSISTENTLY HAVE HELD THAT BACK PAY IN THE CASE OF DEMOTIONS LATER FOUND TO HAVE BEEN UNJUSTIFIED OR UNWARRANTED. IS NOT PAYABLE UNDER THE ACT OF JUNE 10. IT IS TRUE THAT BECAUSE OF CERTAIN OTHER LAWS VETERANS PREFERENCE EMPLOYEES RECEIVE MORE FAVORABLE CONSIDERATION UNDER SOME CIRCUMSTANCES THAN DO NONVETERANS.

B-135327, MAR. 19, 1956

TO MR. A. J. SMITH:

YOUR LETTER OF FEBRUARY 7, 1958, REQUESTS OUR REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT OF NOVEMBER 20, 1957, WHICH DISALLOWED YOUR CLAIM FOR COMPENSATION LOST DURING A PERIOD OF DEMOTION FROM JUNE 17 THROUGH NOVEMBER 18, 1956, AS AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE, BARKSDALE AIR FORCE BASE, LOUISIANA.

AS EXPLAINED IN THE SETTLEMENT, OUR DECISIONS CONSISTENTLY HAVE HELD THAT BACK PAY IN THE CASE OF DEMOTIONS LATER FOUND TO HAVE BEEN UNJUSTIFIED OR UNWARRANTED, AS DISTINGUISHED FROM DISCHARGES OR REMOVALS AND SUSPENSIONS WITHOUT PAY, IS NOT PAYABLE UNDER THE ACT OF JUNE 10, 1948, 62 STAT. 355 (PUBLIC LAW 623). WE RECONSIDERED THE MATTER IN OUR DECISION OF FEBRUARY 18, 1957, 36 COMP. GEN. 598, AND ADHERED TO OUR FORMER CONSTRUCTION OF THE LAW. YOUR LETTER PRESENTS NO ADDITIONAL FACTS WHICH WOULD JUSTIFY A DIFFERENT VIEW AT THIS TIME.

IT IS TRUE THAT BECAUSE OF CERTAIN OTHER LAWS VETERANS PREFERENCE EMPLOYEES RECEIVE MORE FAVORABLE CONSIDERATION UNDER SOME CIRCUMSTANCES THAN DO NONVETERANS. HOWEVER, SO FAR AS CONCERNS BACK PAY UNDER PUBLIC LAW 623 IN DEMOTION CASES, VETERANS RECEIVE EXACTLY THE SAME TREATMENT AS NONVETERANS.

IN VIEW OF THE TERMS OF PUBLIC LAW 623, AND SINCE NO OTHER LAW AUTHORIZING BACK PAY APPLIES IN YOUR CASE, THE SETTLEMENT OF NOVEMBER 20, 1957, MUST BE SUSTAINED.