[Legal Status of Two Erroneously Appointed Air Force Employees]

The Air Force requested a decision regarding the legal status of two civilian employees who served various periods of time under erroneous appointments. The Air Force erroneously appointed one employee without checking a regional civil service register, and erroneously appointed the other to a competitive career position when she had not acquired the status necessary to make her eligible for such a position. GAO held that the Air Force could grant both employees de facto employment status to enable them to legally receive compensation and accrue leave because: (1) the appointments did not violate any absolute statutory prohibition; and (2) neither employee committed fraud or misrepresentation. GAO noted that the Office of Personnel Management would have to determine the employees' status for purposes of retirement benefits. Accordingly, the Air Force may grant the employees de facto employment status.