B-176855, OCT 4, 1972

B-176855, OCT 4, 1972

CIVILIAN EMPLOYEE - RETROACTIVE SALARY - EFFECTIVE DATE OF APPOINTMENT DECISION AFFIRMING THE DENIAL OF THE CLAIM OF ALBERT L. OBROFTA FOR RETROACTIVE PAYMENT OF SALARY FOR THE PERIOD JULY 28 TO SEPTEMBER 9, 1971, AS AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE. COMPENSATION CAN NOT BE PAID TO AN EMPLOYEE PRIOR TO THE EFFECTIVE DATE OF HIS APPOINTMENT, 20 COMP. GEN. 267, EVEN IF TRAVEL ORDERS WERE ISSUED IN ANTICIPATION OF TRAVEL PRIOR TO THAT DATE.

TO MR. ALBERT L. OBROFTA:

REFERENCE IS MADE TO YOUR LETTER DATED JULY 17, 1972, WHICH WILL BE VIEWED AS CONSTITUTING AN APPEAL FROM THE ACTION OF OUR TRANSPORTATION AND CLAIMS DIVISION IN DENYING YOUR CLAIM FOR RETROACTIVE PAYMENT OF SALARY FOR THE PERIOD JULY 28, TO SEPTEMBER 9, 1971, AS AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE.

AS INDICATED BY SETTLEMENT CERTIFICATE DATED JULY 11, 1972, THE RECORD SHOWS THAT YOU WERE AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE AT KEESLER AIR FORCE BASE, MISSISSIPPI, UNTIL SEPTEMBER 12, 1970. AT THAT TIME YOU WERE SEPARATED FROM YOUR CIVILIAN POSITION FOR REFUSING A FUNCTIONAL TRANSFER TO GRIFFISS AIR BASE, NEW YORK, AND AS A RESULT OF THIS ACTION, YOUR NAME WAS PLACED ON THE PRIORITY PLACEMENT ROSTER. JULY 12, 1971, YOU WERE NOTIFIED BY A PERSONNEL OFFICER OF THE KEESLER AIR FORCE BASE OF A VACANCY FOR AN EQUIPMENT SPECIALIST AT THE STRATEGIC AIR COMMAND AT STATESBORO, GEORGIA, AND ON JULY 14, 1971, YOU NOTIFIED THE KEESLER PERSONNEL OFFICE YOU WOULD ACCEPT THIS POSITION. YOU REPORTED TO THE KEESLER PERSONNEL OFFICE ON JULY 19, 1971, FOR PROCESSING, AND TRAVEL ORDER NO. AA-361 WAS ISSUED. THIS ORDER DIRECTED YOU TO REPORT FOR DUTY AT THE STATESBORO, GEORGIA AIR BASE ON JULY 28, 1971. IT ALSO AUTHORIZED REIMBURSEMENT OF TRAVEL EXPENSES INCURRED FOR YOUR MOVEMENT TO THIS BASE. YOU WERE ALSO GIVEN A TRAVEL ADVANCE OF $1,250 TO DEFRAY EXPENSES FOR TEMPORARY HOUSING AND LIVING ALLOWANCES FOR YOU AND YOUR FAMILY. HOWEVER, ON JULY 21, 1971, YOU WERE NOTIFIED NOT TO REPORT TO THE STATESBORO AIR BASE ON JULY 28, 1971, AS SCHEDULED. SINCE YOUR BREAK IN SERVICE WITH THE DEPARTMENT OF THE AIR FORCE EXCEEDED 6 MONTHS, YOU WOULD HAVE TO BE REINVESTIGATED, AND A COMPLETE BACKGROUND HISTORY AGAIN ANSWERED. IT WAS INDICATED BY THE KEESLER PERSONNEL OFFICE THAT THIS DELAY IN YOUR CLEARANCE WOULD ONLY BE ABOUT 10 DAYS AND YOU WOULD BE ON YOUR WAY AGAIN. HOWEVER, THIS ESTIMATE PROVED TO BE ERRONEOUS. ON SEPTEMBER 3, 1971, AFTER YOUR SECURITY CHECK WAS FINALLY COMPLETED, ORDER NO. AA-442 WAS ISSUED. THIS AMENDED TRAVEL ORDER NO. AA-361 TO SHOW SEPTEMBER 9, 1971, AS YOUR REPORTING DATE AT THE STATESBORO BASE, AND IT WAS AT THAT TIME YOU REPORTED TO THAT BASE AND A S.F. 50 PERSONNEL FORM WAS ISSUED PLACING YOU ON THE DUTY ROLLS OF THAT BASE.

YOUR APPOINTMENT WAS EFFECTIVE SEPTEMBER 9, 1971, AS INDICATED ON S.F. 50, NOTIFICATION OF PERSONNEL ACTION. THE RULE IS WELL ESTABLISHED THAT COMPENSATION MAY NOT BE PAID TO AN EMPLOYEE PRIOR TO THE EFFECTIVE DATE OF HIS APPOINTMENT. 20 COMP. GEN. 267 AND DECISIONS CITED THEREIN. SEE ALSO B-141609, JANUARY 25, 1960, INVOLVING CIRCUMSTANCES SIMILAR TO YOURS, COPY ENCLOSED.

ALTHOUGH TRAVEL ORDERS WERE ISSUED PRIOR TO THE EFFECTIVE DATE OF YOUR APPOINTMENT, SUCH TRAVEL ORDERS RELATED SOLELY TO THE AUTHORITY TO TRAVEL AT GOVERNMENT EXPENSE AND ACCORDINGLY MAY NOT BE VIEWED AS GRANTING ANY RIGHT TO COMPENSATION. YOUR CONTENTION THAT SUCH ORDERS SHOULD HAVE BEEN FORMALLY RESCINDED IN LIEU OF ADVISING YOU BY TELEPHONE NOT TO REPORT IS THEREFORE NOT MATERIAL TO YOUR CLAIM FOR RETROACTIVE COMPENSATION.

IN VIEW OF THE FOREGOING, THE ACTION OF OUR TRANSPORTATION AND CLAIMS DIVISION DENYING YOUR CLAIM IS SUSTAINED.