B-141609, JAN. 25, 1960

B-141609: Jan 25, 1960

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YOU WERE TO PROCEED FROM YOUR HOME AT RENO. THE DEPARTMENT OF THE AIR FORCE REPORTED TO US THAT YOU WERE NOTIFIED BY TELEPHONE AUGUST 19. THAT SUCH ORDERS WERE CANCELED BECAUSE YOUR SECURITY CLEARANCE HAD NOT BEEN RECEIVED FROM THE CIVIL SERVICE COMMISSION. RESERVATIONS WERE OBTAINED FOR YOUR DEPARTURE FROM OAKLAND. THE EFFECTIVE DATE OF YOUR APPOINTMENT AS SHOWN BY COPY OF PERSONNEL ACTION IN THE RECORD WAS SEPTEMBER 21. DURING WHICH PERIOD YOU WERE DELAYED EN ROUTE THROUGH NO FAULT OF YOUR OWN. WHILE IT IS REGRETTABLE THAT THE SECURITY CHECK. WHICH WAS A PREREQUISITE TO YOUR APPOINTMENT. APPROPRIATIONS FOR PERSONAL SERVICES ARE NOT AVAILABLE TO PAY EMPLOYEES FOR PERIODS PRIOR TO THE EFFECTIVE DATES OF THEIR APPOINTMENTS OR FOR PERIODS DURING WHICH NO SERVICES ARE RENDERED UNLESS SOME SPECIAL STATUTE OTHERWISE SO PROVIDES.

B-141609, JAN. 25, 1960

TO MISS MARNIE E. MILLER:

YOUR LETTER OF DECEMBER 21, 1959, RELATES TO OUR OFFICE SETTLEMENT OF DECEMBER 3, 1959, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL COMPENSATION.

THE RECORD SHOWS THAT BY SPECIAL ORDERS NO. T-363, DATED AUGUST 12, 1958, YOU WERE TO PROCEED FROM YOUR HOME AT RENO, NEVADA, BY COMMERCIAL AIRCRAFT AND REPORT TO THE EMBARKATION OFFICER, MCGUIRE AIR FORCE BASE, NEW JERSEY, NOT LATER THAN AUGUST 24, 1959. HOWEVER, THE DEPARTMENT OF THE AIR FORCE REPORTED TO US THAT YOU WERE NOTIFIED BY TELEPHONE AUGUST 19, 1958, THAT SUCH ORDERS WERE CANCELED BECAUSE YOUR SECURITY CLEARANCE HAD NOT BEEN RECEIVED FROM THE CIVIL SERVICE COMMISSION, AND THAT UPON ITS RECEIPT NEW TRAVEL ORDERS WOULD BE ISSUED. UPON RECEIPT OF YOUR SECURITY CLEARANCE, RESERVATIONS WERE OBTAINED FOR YOUR DEPARTURE FROM OAKLAND, CALIFORNIA, ON SEPTEMBER 21, 1958, AND YOU ARRIVED AT MCGUIRE AIR FORCE BASE ON SEPTEMBER 22, 1958. THE EFFECTIVE DATE OF YOUR APPOINTMENT AS SHOWN BY COPY OF PERSONNEL ACTION IN THE RECORD WAS SEPTEMBER 21, 1958.

YOU SAY THAT UPON RECEIPT OF THE INITIAL TRAVEL ORDERS AND PRIOR TO NOTICE OF THEIR CANCELLATION YOU DEPARTED FROM YOUR HOME AT RENO BY PRIVATELY OWNED VEHICLE AND ARRIVED AT SAN FRANCISCO AUGUST 21, 1958, WHERE YOU REMAINED UNTIL YOUR DEPARTURE FOR MCGUIRE AIR FORCE BASE ON SEPTEMBER 21, 1958. YOU, THEREFORE CONTEND THAT YOU SHOULD RECEIVE COMPENSATION FROM THAT DATE TO SEPTEMBER 21, 1958, THE EFFECTIVE DATE OF YOUR APPOINTMENT, DURING WHICH PERIOD YOU WERE DELAYED EN ROUTE THROUGH NO FAULT OF YOUR OWN.

WHILE IT IS REGRETTABLE THAT THE SECURITY CHECK, WHICH WAS A PREREQUISITE TO YOUR APPOINTMENT, HAD NOT BEEN COMPLETED PRIOR TO YOUR DEPARTURE FROM YOUR HOME, APPROPRIATIONS FOR PERSONAL SERVICES ARE NOT AVAILABLE TO PAY EMPLOYEES FOR PERIODS PRIOR TO THE EFFECTIVE DATES OF THEIR APPOINTMENTS OR FOR PERIODS DURING WHICH NO SERVICES ARE RENDERED UNLESS SOME SPECIAL STATUTE OTHERWISE SO PROVIDES. THERE IS NO LAW WITHIN OUR KNOWLEDGE WHICH WOULD AUTHORIZE THE PAYMENT TO YOU OF COMPENSATION FOR THE PERIOD IN QUESTION.

THEREFORE, THE DISALLOWANCE OF YOUR CLAIM FOR ADDITIONAL COMPENSATION WAS PROPER AND UPON REVIEW THE SETTLEMENT MUST BE SUSTAINED.

YOU FURTHER REQUEST INFORMATION AS TO THE ACTION TO BE TAKEN BY YOU IN THE EVENT YOU WOULD LIKE TO APPEAL OUR DECISION. THE DECISIONS OF OUR OFFICE ARE FINAL AND CONCLUSIVE UPON THE EXECUTIVE BRANCH OF THE GOVERNMENT (31 U.S.C. 74) AND THERE IS NO PROCEDURE PRESCRIBED FOR APPEALING FROM SUCH DECISIONS. HOWEVER, WE DIRECT YOUR ATTENTION TO THE PROVISIONS OF 28 U.S.C. 1346; ID. 1491, CONCERNING MATTERS COGNIZABLE IN THE DISTRICT COURTS OF THE UNITED STATES AND IN THE UNITED STATES COURT OF CLAIMS.