B-136376, AUGUST 29, 1958, 38 COMP. GEN. 175

THE EMPLOYEE WHO PERFORMS SERVICES PRIOR TO DISCLOSURE OF THE RECORD FALSIFICATION IS IN A DE FACTO STATUS WHICH ENTITLED THE EMPLOYEE TO RETAIN COMPENSATION PREVIOUSLY RECEIVED BUT DOES NOT GIVE RISE TO ANY ENFORCEABLE RIGHT TO COMPENSATION NOT RECEIVED. RETIREMENT DEDUCTIONS FROM THE EMPLOYEE'S SALARY DURING THE PERIOD OF EMPLOYMENT ARE FOR TRANSFER FROM THE RETIREMENT FUND TO THE APPROPRIATION FROM WHICH THE SALARY PAYMENTS WERE MADE. THIS APPOINTMENT WAS LATER CHANGED TO AN EXCEPTED APPOINTMENT-CONDITIONAL EFFECTIVE SEPTEMBER 19. WOULD HAVE PRECLUDED HIS APPOINTMENT. WHILE CHARGES WERE BEING PREPARED FOR HIS INDEBTEDNESS. THE DEPARTMENT OF THE AIR FORCE DETERMINED THAT THE EMPLOYEE'S STATUS WAS THAT OF A DE FACTO EMPLOYEE DURING THE PERIOD OF HIS EMPLOYMENT AND THAT HE WAS NOT ENTITLED TO ANY SALARY PAYMENTS AFTER THE FALSIFICATION OF HIS EDUCATION WAS ESTABLISHED.