B-142245, MAR. 28, 1960

B-142245: Mar 28, 1960

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WE DISALLOWED YOUR CLAIM UNDER THE FOREGOING STATUTORY PROVISIONS UPON THE GROUNDS THAT YOU WERE NOT ENTITLED TO THE BENEFITS THEREOF BECAUSE YOU VOLUNTARILY REQUESTED TO BE DOWNGRADED FROM GS-11 TO GS-9. WHICH ACTION WAS ADMINISTRATIVELY EFFECTED OCTOBER 20. WHICH CLEARLY SHOWS THAT YOU REQUESTED CONSIDERATION FOR THE GRADE GS-9 POSITION IN WHICH YOU WERE PLACED EFFECTIVE OCTOBER 20.

B-142245, MAR. 28, 1960

TO MR. AUBREY F. POWELL:

YOUR LETTER OF FEBRUARY 27, 1960, CONCERNS OUR SETTLEMENT OF FEBRUARY 18, 1960, WHICH DISALLOWED YOUR CLAIM FOR BACK PAY UNDER THE PROVISIONS OF PUBLIC LAW 85-737, APPROVED AUGUST 23, 1958, AS A RESULT OF YOUR DOWNGRADING WHILE EMPLOYED BY THE DEPARTMENT OF THE ARMY.

WE DISALLOWED YOUR CLAIM UNDER THE FOREGOING STATUTORY PROVISIONS UPON THE GROUNDS THAT YOU WERE NOT ENTITLED TO THE BENEFITS THEREOF BECAUSE YOU VOLUNTARILY REQUESTED TO BE DOWNGRADED FROM GS-11 TO GS-9, WHICH ACTION WAS ADMINISTRATIVELY EFFECTED OCTOBER 20, 1957.

YOU NOW DENY THAT YOU VOLUNTARILY REQUESTED TO BE CHANGED FROM GRADE GS- 11 TO GS-9. HOWEVER, OUR RECORD SHOWS THAT YOU DID MAKE SUCH A REQUEST. WE ENCLOSE HEREWITH A COPY OF YOUR LETTER OF SEPTEMBER 20, 1957, WHICH CLEARLY SHOWS THAT YOU REQUESTED CONSIDERATION FOR THE GRADE GS-9 POSITION IN WHICH YOU WERE PLACED EFFECTIVE OCTOBER 20, 1957, AFTER OFFICIAL APPROVAL OF YOUR REQUEST ON OCTOBER 15, 1957.

BASED UPON THE PRESENT RECORD OUR SETTLEMENT OF FEBRUARY 18, 1960 MUST BE SUSTAINED.