B-142243, MAR. 18, 1960

B-142243: Mar 18, 1960

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THE PERTINENT FACTS OF RECORD HERE ARE THAT ON JULY 27. YOU WERE GRANTED SICK AND ANNUAL LEAVE SO LONG AS SUCH WAS AVAILABLE AND COMMENCING ON AUGUST 29. YOU WERE CARRIED ON THE ROLLS OF THE NORFOLK NAVAL SHIPYARD IN A LEAVE WITHOUT -PAY STATUS PENDING A DETERMINATION OF YOUR PHYSICAL FITNESS TO ASSUME YOUR DUTIES AS A HELPER PIPEFITTER. YOU WERE GIVEN A PHYSICAL EXAMINATION AND WERE FOUND TO BE PHYSICALLY UNQUALIFIED TO PERFORM THE DUTIES OF YOUR PREVIOUS POSITION. YOU WERE SEPARATED FOR DISABILITY. YOU APPEALED YOUR SEPARATION TO THE UNITED STATES CIVIL SERVICE COMMISSION AND THE COMMISSION FOUND THAT YOUR SEPARATION WAS PROPER AND THAT THE PERSONNEL ACTION BY THE SHIPYARD WAS NOT ARBITRARY OR UNREASONABLE.

B-142243, MAR. 18, 1960

TO MR. GEORGE W. SMALL:

THIS REFERS TO YOUR LETTER OF FEBRUARY 24, 1960, APPEALING THE SETTLEMENT OF OUR OFFICE OF FEBRUARY 19, 1960, WHICH DISALLOWED YOUR CLAIM FOR AN UNSTATED AMOUNT OF COMPENSATION BELIEVED DUE FOR THE PERIOD SEPTEMBER 24, 1951, TO APRIL 25, 1952.

THE PERTINENT FACTS OF RECORD HERE ARE THAT ON JULY 27, 1951, WHILE EMPLOYED AS A HELPER PIPEFITTER BY THE NORFOLK NAVAL SHIPYARD, YOU UNDERWENT AN AMPUTATION OF YOUR LEFT ARM BECAUSE OF A NON-OCCUPATIONAL INJURY. YOU WERE GRANTED SICK AND ANNUAL LEAVE SO LONG AS SUCH WAS AVAILABLE AND COMMENCING ON AUGUST 29, 1951, THROUGH APRIL 25, 1952, YOU WERE CARRIED ON THE ROLLS OF THE NORFOLK NAVAL SHIPYARD IN A LEAVE WITHOUT -PAY STATUS PENDING A DETERMINATION OF YOUR PHYSICAL FITNESS TO ASSUME YOUR DUTIES AS A HELPER PIPEFITTER.

ON JANUARY 3, 1952, YOU WERE GIVEN A PHYSICAL EXAMINATION AND WERE FOUND TO BE PHYSICALLY UNQUALIFIED TO PERFORM THE DUTIES OF YOUR PREVIOUS POSITION. HENCE, ON APRIL 25, 1952, YOU WERE SEPARATED FOR DISABILITY. YOU APPEALED YOUR SEPARATION TO THE UNITED STATES CIVIL SERVICE COMMISSION AND THE COMMISSION FOUND THAT YOUR SEPARATION WAS PROPER AND THAT THE PERSONNEL ACTION BY THE SHIPYARD WAS NOT ARBITRARY OR UNREASONABLE. THE COMMISSION RECOMMENDED THAT NO CHANGE BE MADE IN THE ACTION TAKEN BY THE SHIPYARD IN EFFECTING YOUR REMOVAL.

IN YOUR LETTER OF FEBRUARY 24, 1960, YOU APPARENTLY AGREE THAT SUCH DETERMINATION WAS MADE BY THE CIVIL SERVICE COMMISSION BUT CONTEND THAT IN THE EARLY STAGES OF YOUR HEARING, MISINFORMATION WAS GIVEN WHICH PREJUDICED YOUR CASE BEFORE THE COMMISSION. YOU ADMIT HOWEVER THAT THE ERROR MADE WAS CORRECTED BEFORE A DECISION WAS RENDERED.

THE GENERAL ACCOUNTING OFFICE LACKS AUTHORITY TO REVIEW THE FINDINGS OF THE NORFOLK NAVAL SHIPYARD AND THE CIVIL SERVICE COMMISSION IN THIS MATTER. MOREOVER, ENTITLEMENT TO THE COMPENSATION SOUGHT IS DEPENDENT UPON A RESTORATION ORDERED BY THE CIVIL SERVICE COMMISSION--- OR COURT--- ON THE GROUNDS THAT YOUR SEPARATION WAS UNJUSTIFIED AND UNWARRANTED. SEE 5 U.S.C. 652 (B) (3). IN YOUR CASE, THE CIVIL SERVICE COMMISSION NOT ONLY FAILED TO ORDER YOUR RESTORATION BUT REPORTED THAT YOUR SEPARATION WAS FOR SUCH CAUSE AS WOULD PROMOTE THE EFFICIENCY OF THE SERVICE. THEREFORE, INASMUCH AS YOU HAVE NOT BEEN RESTORED BY ORDER OF COMPETENT AUTHORITY, OUR DISALLOWANCE OF FEBRUARY 19, 1960, IS SUSTAINED.