B-161149, APR. 25, 1967

B-161149: Apr 25, 1967

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TO MISS MARIE FISHER: REFERENCE IS MADE TO YOUR LETTER OF MARCH 15. JOHNSON PROVES THAT YOUR REMOVAL WAS UNJUSTIFIED AND UNWARRANTED AND THAT YOU ARE NOW ENTITLED TO BACK PAY FROM FEBRUARY 15. YOUR ATTENTION IS DRAWN TO THE SECOND PARAGRAPH OF MR. YOU WERE INFORMED THAT YOU MUST SUBMIT AN APPLICATION DIRECTLY TO THE AGENCY WHERE YOU DESIRE EMPLOYMENT IF YOU WISH TO BE REINSTATED IN THE FEDERAL SERVICE. THERE HAS BEEN NO EVIDENCE SUBMITTED BY YOU THAT YOU HAVE ACTUALLY BEEN RESTORED TO DUTY. 5 U.S.C 652 (B) REQUIRED THAT AN EMPLOYEE MUST BE RESTORED TO DUTY ON THE GROUND THAT THE REMOVAL WAS UNJUSTIFIED OR UNWARRANTED BEFORE THE RIGHT TO BACK PAY VESTS. 28 COMP. ARE REINSTATED DOES NOT CONSTITUTE A DETERMINATION THAT YOUR REMOVAL WAS UNJUSTIFIED OR UNWARRANTED.

B-161149, APR. 25, 1967

TO MISS MARIE FISHER:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 15, 1967, WHEREIN YOU REFER TO OUR OFFICE SETTLEMENT OF MARCH 6, 1967, WHICH DISALLOWED YOUR CLAIM FOR BACK PAY AS AN EMPLOYEE OF THE VETERANS ADMINISTRATION. YOU SUBMIT A COPY OF A LETTER RECEIVED FROM A MR. KIMBELL JOHNSON, DIRECTOR, BUREAU OF PERSONNEL INVESTIGATIONS, CIVIL SERVICE COMMISSION, DATED JUNE 30, 1966. YOU STATE THAT "THIS LETTER RESTORES ME TO DUTY FOR MY PREVIOUS ASSIGNMENT AND PERMITS ME TO BE HIRED UNDER ANY CAPACITY WHEREIN I QUALIFY.'

YOU FURTHER STATE THAT THE LETTER FROM MR. JOHNSON PROVES THAT YOUR REMOVAL WAS UNJUSTIFIED AND UNWARRANTED AND THAT YOU ARE NOW ENTITLED TO BACK PAY FROM FEBRUARY 15, 1957, THROUGH FEBRUARY 15, 1967.

YOUR ATTENTION IS DRAWN TO THE SECOND PARAGRAPH OF MR. JOHNSON'SLETTER OF JUNE 30, 1966. THERE HE STATES THAT ON THE BASIS OF YOUR PRIOR FEDERAL SERVICE YOU MAY BE CONSIDERED FOR ,REINSTATEMENT" TO ANY POSITION FOR WHICH YOU QUALIFY. IN ADDITION, YOU WERE INFORMED THAT YOU MUST SUBMIT AN APPLICATION DIRECTLY TO THE AGENCY WHERE YOU DESIRE EMPLOYMENT IF YOU WISH TO BE REINSTATED IN THE FEDERAL SERVICE.

THERE HAS BEEN NO EVIDENCE SUBMITTED BY YOU THAT YOU HAVE ACTUALLY BEEN RESTORED TO DUTY. MOREOVER, 5 U.S.C 652 (B) REQUIRED THAT AN EMPLOYEE MUST BE RESTORED TO DUTY ON THE GROUND THAT THE REMOVAL WAS UNJUSTIFIED OR UNWARRANTED BEFORE THE RIGHT TO BACK PAY VESTS. 28 COMP. GEN. 200. THE FACT THAT YOU MAY BE ELIGIBLE FOR "REINSTATEMENT" IN THE FEDERAL SERVICE OR, IN FACT, ARE REINSTATED DOES NOT CONSTITUTE A DETERMINATION THAT YOUR REMOVAL WAS UNJUSTIFIED OR UNWARRANTED.

THEREFORE, WE MUST SUSTAIN OUR SETTLEMENT OF MARCH 6, 1967, WHICH DISALLOWED YOUR CLAIM FOR BACK PAY.