B-161893, JUN. 30, 1967

B-161893, JUN. 30, 1967

TO THE SECRETARY OF THE ARMY:

ON JUNE 26, 1967, THE EXECUTIVE ASSISTANT, OFFICE OF CIVIL DEFENSE, DEPARTMENT OF THE ARMY, REQUESTED OUR DECISION WHETHER MR. BARENT LANDSTREET MIGHT BE RESTORED TO THE ROLLS OF THAT OFFICE AS OF THE EFFECTIVE DATE OF HIS RESIGNATION, FEBRUARY 11, 1967, TO ENABLE HIM TO ACQUIRE THE SERVICE CREDIT NECESSARY TO QUALIFY HIM FOR RETIREMENT.

WHILE WE ARE NOT AUTHORIZED TO RENDER A BINDING DECISION AT THE REQUEST OF THE EXECUTIVE ASSISTANT, OFFICE OF CIVIL DEFENSE, THE CIRCUMSTANCES OF THE CASE DISCLOSE AN URGENCY WHICH, IN ORDER TO AVOID DELAY, WARRANTS US IN VIEWING THE REQUEST AS HAVING ORIGINATED IN YOUR OFFICE.

MR. LANDSTREET, INCIDENT TO A REDUCTION IN FORCE, ELECTED TO APPLY FOR RETIREMENT ON THE PREMISE THAT ON THE DATE OF HIS SEPARATION HE HAD CREDITABLE SERVICE OF 20 YEARS AND 4 MONTHS, E., SUFFICIENT TO QUALIFY HIM FOR RETIREMENT ON INVOLUNTARY SEPARATION. THIS INFORMATION WAS SUPPLIED TO MR. LANDSTREET BY THE OFFICE OF CIVIL DEFENSE.

ON JUNE 12, 1967, THE CIVIL SERVICE COMMISSION INFORMED MR. LANDSTREET THAT PART OF THE SERVICE, RENDERED DURING THE PERIOD JANUARY 7 THROUGH OCTOBER 31, 1942, WAS FOR THE WORKS PROJECTS ADMINISTRATION AND PAID FROM PROJECT FUNDS. AS SUCH THE SERVICE IS NOT CREDITABLE TOWARD RETIREMENT AND IT NOW APPEARS THAT MR. LANDSTREET LACKS 5 MONTHS AND 25 DAYS OF CREDITABLE SERVICE TO QUALIFY FOR DISCONTINUED SERVICE RETIREMENT.

THE OFFICE OF CIVIL DEFENSE PROPOSES TO REMEDY THAT SITUATION AS FOLLOWS:

"* * * (1) RESTORE MR. LANDSTREET ON OCD ROLLS WITHOUT CHANGE IN TENURE AND STATUS RETROACTIVELY TO FEBRUARY 11, 1967; (2) PLACE MR. LANDSTREET ON LEAVE WITHOUT PAY BEGINNING FEBRUARY 12, 1967, FOR A PERIOD NOT TO EXCEED SIX MONTHS, WHICH IS AGREEABLE WITH HIM; (3) PLACE MR. LANDSTREET IN AN ACTIVE DUTY AND PAY STATUS AS SOON AS POSSIBLE WHEN HE RETURNS TO WORK; (4) DEFER THE PROPOSED REORGANIZATION ACTION, AS IT AFFECTS HIM; (5) CHANGE HIS RESIGNATION DATE FROM FEBRUARY 11, 1967, TO A DATE WHICH WILL PROVIDE HIM WITH ADDITIONAL CREDITABLE SERVICE OF SIX MONTHS NECESSARY FOR DISCONTINUED SERVICE RETIREMENT,"

IN THE LIGHT OF THE CIRCUMSTANCES OF THE CASE, THE DECISIONS CITED IN THE EXECUTIVE ASSISTANT'S LETTER (A COPY OF WHICH LETTER IS SUPPLIED FOR YOUR INFORMATION) AND OF OUR RULING IN 11 COMP. GEN. 202, WE WOULD INTERPOSE NO OBJECTION TO RESTORATION OF MR. LANDSTREET IN ACCORD WITH THE RECOMMENDATIONS OF THE OFFICE OF CIVIL DEFENSE.