B-154346, JUN. 10, 1964

B-154346: Jun 10, 1964

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WERE THEREAFTER GIVEN FURTHER ASSIGNMENTS WHICH YOU "DILIGENTLY" CARRIED OUT. OUR OFFICE WAS COGNIZANT OF AND GAVE CONSIDERATION TO THESE CIRCUMSTANCES AT THE TIME OF THE INITIAL DETERMINATION OF YOUR CLAIM. IT IS A WELL-ESTABLISHED RULE. THAT IT IS INCOMPATIBLE FOR A PERSON TO BE EMPLOYED IN A CIVILIAN POSITION UNDER THE GOVERNMENT AND. IS SUSTAINED.

B-154346, JUN. 10, 1964

TO SERGEANT WILLARD D. MCCOMBS:

YOUR LETTER OF MAY 20, 1964, REQUESTS RECONSIDERATION OF OUR CLAIMS DIVISION SETTLEMENT OF APRIL 22, 1964, WHICH DISALLOWED YOUR CLAIM FOR PAYMENT OF COMPENSATION AND TRAVEL ALLOWANCE FOR THE PERIOD NOVEMBER 9 TO 19, 1962, AS PTS MOBILE SUBSTITUTE DISTRIBUTION CLERK OF THE UNITED STATES POST OFFICE, MARION, OHIO.

YOU ASK THAT CONSIDERATION BE GIVEN TO "A FEW SALIENT POINTS * * * BEFORE MAKING FINAL DISPOSITION OF MY CLAIM.' YOU REFER TO THE FACT THAT UPON REENLISTING IN THE AIR FORCE ON NOVEMBER 9, 1962, YOU IMMEDIATELY ADVISED YOUR SUPERVISOR OF SUCH ACTION, AND WERE THEREAFTER GIVEN FURTHER ASSIGNMENTS WHICH YOU "DILIGENTLY" CARRIED OUT.

OUR OFFICE WAS COGNIZANT OF AND GAVE CONSIDERATION TO THESE CIRCUMSTANCES AT THE TIME OF THE INITIAL DETERMINATION OF YOUR CLAIM. HOWEVER, AS STATED IN THE SETTLEMENT DISALLOWING YOUR CLAIM, IT IS A WELL-ESTABLISHED RULE, SUPPORTED BY A LONG LINE OF DECISIONS, THAT IT IS INCOMPATIBLE FOR A PERSON TO BE EMPLOYED IN A CIVILIAN POSITION UNDER THE GOVERNMENT AND, ALSO, TO BE IN THE ACTIVE MILITARY SERVICE. 22 COMP. GEN. 127 AND B- 153130, FEBRUARY 6, 1964 (COPIES ENCLOSED). WHILE WE DO NOT QUESTION YOUR GOOD FAITH IN THIS MATTER AND RECOGNIZE WHY YOU CONSIDER THE RESULT AS BEING INEQUITABLE, SUCH CONSIDERATIONS MAY NOT SERVE AS A BASIS FOR ALLOWANCE OF YOUR CLAIM. THEREFORE, OUR SETTLEMENT OF APRIL 22, 1964, IS SUSTAINED.