B-151835, JUL. 19, 1963

B-151835: Jul 19, 1963

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WHICH WAS DISALLOWED BY OUR SETTLEMENT DATED MAY 6. YOU EXPRESS THE VIEW THAT YOU ARE ENTITLED TO BACK PAY BECAUSE THE FORM 50. WHICH TERMINATED YOUR EMPLOYMENT WAS CANCELED DUE TO A VIOLATION OF THE POSTAL REGULATIONS IN EFFECTING YOUR REMOVAL. SINCE THERE IS NO STATUTE PROVIDING FOR PAYMENT TO YOU OF COMPENSATION FOR THE PERIOD OF SEPARATION FROM THE SERVICE WE ARE NOT AUTHORIZED TO ALLOW YOUR CLAIM. IS.

B-151835, JUL. 19, 1963

TO MR. HOSEA COLBOURNE:

YOUR LETTER OF JUNE 7, 1963, REQUESTS REVIEW OF YOUR CLAIM FOR BACK PAY FOR THE PERIOD DECEMBER 12, 1962, TO FEBRUARY 1, 1963 (WITHIN YOUR PROBATIONARY PERIOD), WHICH WAS DISALLOWED BY OUR SETTLEMENT DATED MAY 6, 1963. YOU EXPRESS THE VIEW THAT YOU ARE ENTITLED TO BACK PAY BECAUSE THE FORM 50, WHICH TERMINATED YOUR EMPLOYMENT WAS CANCELED DUE TO A VIOLATION OF THE POSTAL REGULATIONS IN EFFECTING YOUR REMOVAL.

IN OUR OFFICE SETTLEMENT WE ADVISED YOU THAT NEITHER THE LLOYD LAFOLLETTE ACT OF AUGUST 24, 1912, AS AMENDED, 5 U.S.C. 652, NOR THE VETERANS PREFERENCE ACT OF 1944, 5 U.S.C. 863, APPLIES TO PROBATIONARY EMPLOYEES SO AS TO ENTITLE THEM TO BACK PAY FOR PERIODS OF REMOVAL. THEREFORE, SINCE THERE IS NO STATUTE PROVIDING FOR PAYMENT TO YOU OF COMPENSATION FOR THE PERIOD OF SEPARATION FROM THE SERVICE WE ARE NOT AUTHORIZED TO ALLOW YOUR CLAIM. IN OTHER WORDS, OUR AUTHORITY TO ALLOW CLAIMS OF THIS NATURE DOES NOT EXTEND TO SEPARATIONS IN VIOLATION OF ADMINISTRATIVE REGULATIONS.

UPON REVIEW, OUR OFFICE SETTLEMENT OF MAY 6, 1963, DISALLOWING YOUR CLAIM MUST BE, AND IS, HEREBY SUSTAINED.