B-152107, NOV. 8, 1963

B-152107: Nov 8, 1963

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YOU WERE ENTITLED TO THE BENEFITS OF A PROMOTION FROM GS-14 TO GS-15 EFFECTIVE APRIL 15. WHILE YOU WERE PERFORMING ACTIVE DUTY. YOU INFORM US THAT YOU WERE GENERAL COUNSEL OF THE SELECTIVE SERVICE SYSTEM. WHEN YOU WERE CALLED TO ACTIVE MILITARY SERVICE AS A RESERVE OFFICER TO SERVE IN THE SAME POSITION IN MILITARY CAPACITY ON NOVEMBER 24. WHILE YOU WERE IN MILITARY STATUS. THE POSITION WAS RECLASSIFIED TO GS-15. THE DUTIES OF DEPUTY DIRECTOR WERE ADDED TO THOSE OF THE GENERAL COUNSEL. THE RESULTING POSITION WAS DETERMINED BY THE CIVIL SERVICE COMMISSION TO BE PROPERLY GS-17. WHEN YOU WERE CALLED TO ACTIVE MILITARY SERVICE YOUR SALARY RATE WAS STEP C OF GS-14. UPON REEMPLOYMENT YOU WERE CREDITED WITH SERVICE IN GS-15 FROM THE DATE OF RECLASSIFICATION IN THAT GRADE.

B-152107, NOV. 8, 1963

TO DANIEL O. OMER, DEPUTY DIRECTOR AND GENERAL COUNSEL, SELECTIVE SERVICE SYSTEM:

YOUR LETTER OF JULY 23, 1963, REQUESTS OUR DECISION WHETHER, UPON REEMPLOYMENT AFTER ACTIVE DUTY AS A RESERVE OFFICER, YOU WERE ENTITLED TO THE BENEFITS OF A PROMOTION FROM GS-14 TO GS-15 EFFECTIVE APRIL 15, 1951, WHILE YOU WERE PERFORMING ACTIVE DUTY, PLUS STEP-INCREASES.

YOU INFORM US THAT YOU WERE GENERAL COUNSEL OF THE SELECTIVE SERVICE SYSTEM, GS-14, WHEN YOU WERE CALLED TO ACTIVE MILITARY SERVICE AS A RESERVE OFFICER TO SERVE IN THE SAME POSITION IN MILITARY CAPACITY ON NOVEMBER 24, 1950. WITHIN A FEW MONTHS THEREAFTER, AND WHILE YOU WERE IN MILITARY STATUS, THE POSITION WAS RECLASSIFIED TO GS-15. LATER, IN 1959, THE DUTIES OF DEPUTY DIRECTOR WERE ADDED TO THOSE OF THE GENERAL COUNSEL, AND THE RESULTING POSITION WAS DETERMINED BY THE CIVIL SERVICE COMMISSION TO BE PROPERLY GS-17. BECAUSE OF LACK OF AN AVAILABLE "SLOT" IT HAD NOT BEEN SO CLASSIFIED AT THE TIME YOU RETURNED TO CIVILIAN STATUS. OCTOBER 1, 1960, YOU BECAME THE CIVILIAN INCUMBENT, AT GS-15, OF THE JOB YOU HAD BEEN FILLING IN A MILITARY STATUS.

WHEN YOU WERE CALLED TO ACTIVE MILITARY SERVICE YOUR SALARY RATE WAS STEP C OF GS-14, $9,200 PER ANNUM. UPON REEMPLOYMENT YOU WERE CREDITED WITH SERVICE IN GS-15 FROM THE DATE OF RECLASSIFICATION IN THAT GRADE, AND YOUR SALARY WAS THEREFORE SET AT STEP D, THE MAXIMUM SCHEDULED RATE OF GS-15, $15,030. YOU RECEIVED THE FIRST LONGEVITY STEP OF THE GRADE EFFECTIVE APRIL 16, 1961, AND WERE PROMOTED TO GRADE GS-17 EFFECTIVE JANUARY 12, 1962.

OUR CIVIL ACCOUNTING AND AUDITING DIVISION IN INFORMAL INQUIRY JANUARY 29, 1963, QUESTIONED THE FIXING OF YOUR SALARY RATE IN THE MAXIMUM STEP OF GRADE GS-15 ON THE BASIS THAT YOU WERE NOT ENTITLED IN ABSENTIA TO BE PROMOTED TO GS-15 EFFECTIVE APRIL 15, 1951.

WE HAVE CONCLUDED THAT SINCE YOUR FORMER POSITION WAS RECLASSIFIED, AND YOU WERE REEMPLOYED IN THE SAME POSITION, YOU WERE PROPERLY GIVEN SERVICE CREDIT IN GS-15 FOR WITHIN-GRADE INCREASES FROM THE DATE OF THE RECLASSIFICATION. 26 COMP. GEN. 30, 34. OUR CIVIL ACCOUNTING AND AUDITING DIVISION IS TODAY BEING AUTHORIZED TO REMOVE THE INFORMAL INQUIRY.