B-155945, JAN. 28, 1965

B-155945: Jan 28, 1965

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YOU WERE ADVISED THAT IN ACCORDANCE WITH SECTION 6 OF THE ACT OF AUGUST 24. THIS OFFICE HAS NO AUTHORITY TO GRANT BACK PAY UNLESS THE EMPLOYEE HAS BEEN RESTORED TO DUTY UPON A FINDING THAT HIS SEPARATION WAS UNJUSTIFIED. CONVEYS THE IMPLICATION THAT YOUR PURPOSE IN WRITING TO THIS OFFICE WAS NOT SOLELY TO SUBMIT A CLAIM FOR BACK PAY BUT ALSO TO SEEK ASSISTANCE IN RECTIFYING THE ALLEGED INJUSTICE SUFFERED BY YOU. THAT IS. AN EMPLOYEE IS ENTITLED TO APPEAL TO THE COMMISSION NOT LATER THAN 10 DAYS AFTER AN ADVERSE ACTION HAS BEEN EFFECTED. SUBPARAGRAPH (4) OF THAT SECTION PROVIDES THAT THE COMMISSION MAY EXTEND THE TIME LIMIT WHERE THE APPELLANT SHOWS THAT HE WAS NOT NOTIFIED OF THE APPLICABLE TIME LIMIT AND WAS NOT OTHERWISE AWARE OF IT.

B-155945, JAN. 28, 1965

TO MISS REBA RIGLANDER:

THIS REFERS TO YOUR LETTER OF DECEMBER 5, 1964, REQUESTING REVIEW OF OUR OFFICE SETTLEMENT DATED NOVEMBER 10, 1964, WHICH DISALLOWED YOUR CLAIM FOR RETROACTIVE COMPENSATION INCIDENT TO YOUR ALLEGED WRONGFUL SEPARATION FROM THE INTERNAL REVENUE SERVICE ON OCTOBER 16, 1961.

IN THE SETTLEMENT REFERRED TO ABOVE, YOU WERE ADVISED THAT IN ACCORDANCE WITH SECTION 6 OF THE ACT OF AUGUST 24, 1912, AS AMENDED, 5 U.S.C. 652, THIS OFFICE HAS NO AUTHORITY TO GRANT BACK PAY UNLESS THE EMPLOYEE HAS BEEN RESTORED TO DUTY UPON A FINDING THAT HIS SEPARATION WAS UNJUSTIFIED. SUCH A FINDING CAN BE MADE BY EITHER THE EMPLOYING AGENCY OR BY THE UNITED STATES CIVIL SERVICE COMMISSION.

YOUR LETTER OF DECEMBER 5, 1964, CONVEYS THE IMPLICATION THAT YOUR PURPOSE IN WRITING TO THIS OFFICE WAS NOT SOLELY TO SUBMIT A CLAIM FOR BACK PAY BUT ALSO TO SEEK ASSISTANCE IN RECTIFYING THE ALLEGED INJUSTICE SUFFERED BY YOU, THAT IS, YOUR ALLEGED ERRONEOUS SEPARATION FROM THE SERVICE.

IN ACCORDANCE WITH SECTION 752.203 OF THE REGULATIONS OF THE CIVIL SERVICE COMMISSION CONTAINED IN PART 752 OF THE FEDERAL PERSONNEL MANUAL SUPPLEMENT 990-1, AN EMPLOYEE IS ENTITLED TO APPEAL TO THE COMMISSION NOT LATER THAN 10 DAYS AFTER AN ADVERSE ACTION HAS BEEN EFFECTED. HOWEVER, SUBPARAGRAPH (4) OF THAT SECTION PROVIDES THAT THE COMMISSION MAY EXTEND THE TIME LIMIT WHERE THE APPELLANT SHOWS THAT HE WAS NOT NOTIFIED OF THE APPLICABLE TIME LIMIT AND WAS NOT OTHERWISE AWARE OF IT, OR THAT HE WAS PREVENTED BY CIRCUMSTANCES BEYOND HIS CONTROL FROM APPEALING WITHIN THE TIME LIMIT.

ACCORDINGLY, SHOULD YOU DESIRE FURTHER INFORMATION IN THIS MATTER, WE SUGGEST THAT YOU CONTACT THE BOARD OF APPEALS AND REVIEW, UNITED STATES CIVIL SERVICE COMMISSION, WASHINGTON, D.C. 20415.

THE DISALLOWANCE OF YOUR CLAIM MUST BE SUSTAINED FOR THE REASON PREVIOUSLY STATED.