B-48158, APRIL 2, 1945, 24 COMP. GEN. 709

B-48158: Apr 2, 1945

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PRIOR TO A REDUCTION IN RANK OR COMPENSATION PRIMARILY IS A MATTER FOR CONSIDERATION AND DETERMINATION BY THE ADMINISTRATIVE OFFICE AND. THE ABOVE CLAIM IS BEING SUBMITTED IN ACCORDANCE WITH AR 35-730. NO ACTION HAS BEEN OR WILL BE TAKEN BY THIS OFFICE TO EFFECT PAYMENT OF THE WITHIN CLAIM PENDING THE DECISION OF YOUR OFFICE. SINCE THE OTHER REQUIREMENTS OF THE " VETERANS' PREFERENCE ACT OF 1944" HAVE NOT BEEN MET. 3. REQUEST IS MADE THAT THE STATED EFFECTIVE DATE OF THE REDUCTION IN SALARY BE ADVANCED TO AT LEAST 30 DAYS FROM THE DATE I AM FURNISHED IN WRITING THE CAUSE AS WILL PROMOTE THE EFFICIENCY OF THE SERVICE. THE " VETERANS' PREFERENCE ACT OF 1944" PROVIDES IN PERTINENT PART AS FOLLOWS: "SECTION 14. * * * AND THE PERSON WHOSE * * * REDUCTION IN RANK OR COMPENSATION IS SOUGHT SHALL HAVE AT LEAST 30 DAYS ADVANCE WRITTEN NOTICE (EXCEPT WHICH A SENTENCE OF IMPRISONMENT CAN BE IMPOSED).

B-48158, APRIL 2, 1945, 24 COMP. GEN. 709

REDUCTION IN RANK OR COMPENSATION OF VETERANS - ADEQUACY OF ADVANCE NOTICE THE ADEQUACY OF A 30-DAY ADVANCE NOTICE GIVEN TO A VETERAN, PURSUANT TO SECTION 14 OF THE VETERANS' PREFERENCE ACT OF 1944, AND REGULATIONS OF THE CIVIL SERVICE COMMISSION THEREUNDER, PRIOR TO A REDUCTION IN RANK OR COMPENSATION PRIMARILY IS A MATTER FOR CONSIDERATION AND DETERMINATION BY THE ADMINISTRATIVE OFFICE AND, UPON REVIEW, BY THE CIVIL SERVICE COMMISSION, RATHER THAN BY THIS OFFICE.

COMPTROLLER GENERAL WARREN TO COL. HERBERT BALDWIN, U.S. ARMY, APRIL 2, 1945:

BY FIRST INDORSEMENT OF FEBRUARY 28, 1945, THE FISCAL DIRECTOR, ARMY SERVICE FORCES, FORWARDED HERE FOR CONSIDERATION YOUR LETTER OF DECEMBER 29, 1944, READING AS FOLLOWS:

1. THERE HAS BEEN PRESENTED TO THE UNDERSIGNED, A DISBURSING OFFICER OF THE UNITED STATES ARMY, THE ATTACHED VOUCHER, IN THE CASE OF RHEA W. STRINGER, EMPLOYEE OF THE SOUTHWESTERN DIVISION ENGINEER OFFICE, DALLAS 2, TEXAS, IN THE AMOUNT OF $31.59.

2. THE CLAIM REPRESENTS THE DIFFERENCE IN PAY BETWEEN $5,600 PER ANNUM, THE MINIMUM AUTHORIZED BY GRADE CAF-13 AND $4,600 PER ANNUM, THE MINIMUM AUTHORIZED BY GRADE CAF-12, FOR THE PERIOD 16 SEPTEMBER 1944 TO 30 SEPTEMBER 1944, INCLUSIVE.

3. THE ABOVE CLAIM IS BEING SUBMITTED IN ACCORDANCE WITH AR 35-730, PARAGRAPH 1 (B).

4. NO ACTION HAS BEEN OR WILL BE TAKEN BY THIS OFFICE TO EFFECT PAYMENT OF THE WITHIN CLAIM PENDING THE DECISION OF YOUR OFFICE.

MR. STRINGER, IN ST INDORSEMENT OF AUGUST 18, 1944, STATES HIS CASE, AS FOLLOWS:

1. TELETYPE FROM THE OFFICE, CHIEF OF ENGINEERS DATED 17 AUGUST 1944 INDICATES THAT I SHOULD BE GIVEN 30 DAYS' NOTICE IN WRITING OF THE PROPOSED REDUCTION IN RANK AND COMPENSATION IN ACCORDANCE WITH THE PROVISIONS OF PUBLIC LAW 359, KNOWN AS THE " VETERANS' PREFERENCE ACT OF 4.'

2. FOR THE REASONS HEREINAFTER STATED I MUST RESPECTFULLY DECLINE TO ACCEPT THE BASIC COMMUNICATION AS NOTIFICATION OF THE ACTION SET FORTH THEREIN, SINCE THE OTHER REQUIREMENTS OF THE " VETERANS' PREFERENCE ACT OF 1944" HAVE NOT BEEN MET.

3. FURTHER, REQUEST IS MADE THAT THE STATED EFFECTIVE DATE OF THE REDUCTION IN SALARY BE ADVANCED TO AT LEAST 30 DAYS FROM THE DATE I AM FURNISHED IN WRITING THE CAUSE AS WILL PROMOTE THE EFFICIENCY OF THE SERVICE," AS CONTEMPLATED BY SECTION 14 OF THE " VETERANS' PREFERENCE ACT OF 1944.'

4. THE ST INDORSEMENT, OFFICE, CHIEF OF ENGINEERS, DATED 11 AUGUST 1944, REFERENCE SPEPV, DIRECTED THAT THE POSITION NOW HELD BY ME BE ALLOCATED TO GRADE 12 AND MY SALARY BE REDUCED IMMEDIATELY TO $4600 PER ANNUM. THE " VETERANS' PREFERENCE ACT OF 1944" PROVIDES IN PERTINENT PART AS FOLLOWS:

"SECTION 14. * * * AND THE PERSON WHOSE * * * REDUCTION IN RANK OR COMPENSATION IS SOUGHT SHALL HAVE AT LEAST 30 DAYS ADVANCE WRITTEN NOTICE (EXCEPT WHICH A SENTENCE OF IMPRISONMENT CAN BE IMPOSED), STATING ANY AND ALL REASONS SPECIFICALLY AND IN DETAIL FOR ANY SUCH PROPOSED ACTION * *

NUMEROUS OF MY FELLOW EMPLOYEES KNOW THAT I AM A DISABLED VETERAN OF WORLD WAR I AND THEY ARE ACQUAINTED WITH THE PROVISIONS OF THE " VETERANS' PREFERENCE ACT OF 1944.' THOSE FELLOW EMPLOYEES, HAD MY SALARY BEEN REDUCED IMMEDIATELY IN ACCORDANCE WITH ST INDORSEMENT, OFFICE, CHIEF OF ENGINEERS, DATED 11 AUGUST 1944, WOULD RIGHTLY HAVE PRESUMED ME TO BE GUILTY OF A CRIME WHICH, IN THE OPINION OF THE OFFICE, CHIEF OF ENGINEERS, WOULD WARRANT THE IMPOSITION OF A SENTENCE OF IMPRISONMENT.

5. I DID NOT DESIRE TO HAVE MY CHARACTER DEFAMED, AND DURING A TELEPHONE CALL TO THE INDUSTRIAL PERSONNEL BRANCH, OFFICE, CHIEF OF ENGINEERS, BY THE CHIEF, PERSONNEL BRANCH OF THIS OFFICE, I DISCUSSED THE DIRECTIVE CONTAINED IN ST INDORSEMENT OFFICE, CHIEF OF ENGINEERS, DATED 11 AUGUST 1944, WITH MR. JUSTIN DOWNS, BELIEVED TO BE IN CHARGE OF THE CIVILIAN CLASSIFICATION SECTION OF THE INDUSTRIAL PERSONNEL BRANCH. I ASKED MR. DOWNS TO CITE THE CRIME WHICH THE OFFICE, CHIEF OF ENGINEERS DEEMED ME GUILTY OF AND WAS INFORMED BY HIM THAT I WAS NOT CONSIDERED GUILTY OF ANY CRIME. I THEREFORE ASKED MR. DOWNS WHETHER IT WAS THE DESIRE OF THE CHIEF OF ENGINEERS THAT I BE REDUCED IMMEDIATELY AND HE INFORMED ME THAT IT WAS; THAT MY POSITION WAS BELIEVED TO BE OVER-ALLOCATED. WHEREUPON, I INVITED MR. DOWNS' ATTENTION TO THE PROVISIONS OF PUBLIC LAW 359, 78TH CONGRESS AND ADVISED HIM THAT I COULD GET ONLY ONE INTERPRETATION FROM THE DIRECTIVE THAT I BE IMMEDIATELY REDUCED IN RANK AND COMPENSATION AND THAT WAS THAT THE OFFICE, CHIEF OF ENGINEERS DEEMED ME GUILTY OF A CRIME. INFORMED MR. DOWNS THAT IN ORDER TO PROTECT MY CHARACTER, IT WOULD BE NECESSARY FOR ME TO BRING SUIT AGAINST THE PROPER PARTIES FOR LIBEL OR DEFAMATION OF CHARACTER.

6. MR. DOWNS THEN SUGGESTED TO THE CHIEF OF THE PERSONNEL BRANCH OF THIS OFFICE THAT ACTION ON THE ST INDORSEMENT, OFFICE, CHIEF OF ENGINEERS, DATED 11 AUGUST 1944, BE DEFERRED UNTIL SUCH TIME AS HE HAD HAD AN OPPORTUNITY TO CHECK WITH THE LEGAL BRANCH OF THE OFFICE, CHIEF OF ENGINEERS, AND THAT HE WOULD CALL BACK UPON COMPLETION OF HIS CONFERENCE WITH THE LEGAL BRANCH AND ADVISE THE ACTION TO BE TAKEN, WHICH HE STATED WOULD BE CONFIRMED BY TELETYPE. THE TELETYPE DATED 17 AUGUST 1944, AND IDENTIFIED AS SPEPV 8-174, IS UNQUESTIONABLY THE TELETYPE TO WHICH MR. DOWNS REFERRED DURING HIS TELEPHONE CONVERSATION.

7. IN VIEW OF THE FACT THAT I HAVE BEEN GIVEN THE 30 DAYS NOTICE IN WRITING CONTEMPLATED BY PUBLIC LAW 359, 78TH CONGRESS, IT WILL NOT, OF COURSE, BE NECESSARY FOR ME TO TAKE LEGAL ACTION TO PROTECT MY CHARACTER, BUT AS POINTED OUT ABOVE, THE NOTIFICATION IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF PUBLIC LAW 359, 78TH CONGRESS IN THAT IT IS NOT A NOTICE IN WRITING "STATING ANY AND ALL REASONS SPECIFICALLY AND IN DETAIL FOR ANY SUCH PROPOSED ACTION," AS CONTEMPLATED BY THE LAW. FURTHER, SECTION 14 PROVIDES AS FOLLOWS:

"SECTION 14. NO PERMANENT * * * PREFERENCE ELIGIBLE * * * SHALL BE * * * REDUCED IN RANK OR COMPENSATION * * * EXCEPT FOR SUCH CAUSE AS WILL PROMOTE THE EFFICIENCY OF THE SERVICE AND FOR REASONS GIVEN IN WRITING * *

IN ORDER TO PROTECT MYSELF, REQUEST IS MADE THAT THE NOTICE IN WRITING BE PREPARED IN ACCORDANCE WITH THE ABOVE-QUOTED PORTIONS OF PUBLIC LAW 359. IT SHOULD SHOW "SUCH CAUSE AS WILL PROMOTE THE EFFICIENCY OF THE SERVICE," AND SHOW "SPECIFICALLY AND IN DETAIL (ALL REASONS) FOR ANY SUCH PROPOSED ACTION" (THE QUOTED PORTIONS OF THIS PARAGRAPH ARE EXTRACTED FROM PUBLIC LAW 359, 78TH CONGRESS).

8. OBVIOUSLY, WITHOUT THE INFORMATION REQUESTED IN THE PRECEDING PARAGRAPH, IT WOULD BE IMPOSSIBLE FOR ME TO, AT THIS TIME, ANSWER THE CHARGES OR REFUTE THE CONTENTION THAT THE PROPOSED REDUCTION WOULD PROMOTE THE EFFICIENCY OF THE SERVICE AS CONTEMPLATED BY THE ACT. SINCE I DO NOT KNOW THE CAUSE, I COULD NOT BE EXPECTED TO OBTAIN AND FURNISH AFFIDAVITS IN SUPPORT OF MY CONTENTION AND IN REFUTATION OF THE CHARGES RAISED.

9. SECTIONS 11 AND 19 OF THE ACT REFERRED TO HEREIN PRESCRIBES THAT THE CIVIL COMMISSION PROMULGATE APPROPRIATE RULES AND REGULATIONS FOR THE ADMINISTRATION OF THE ACT. U.S. CIVIL SERVICE COMMISSION DEPARTMENTAL CIRCULAR 493 DATED 3 JULY 1944 IS PRESUMED TO BE THE REGULATIONS ISSUED BY THE U.S. CIVIL SERVICE COMMISSION PURSUANT TO THE DIRECTIVE CONTAINED IN THE ACT. NOTHING IS CONTAINED IN DEPARTMENTAL CIRCULAR 493 WHICH NULLIFIES MY INTERPRETATION OF THE APPLICATION OF SECTION 14 OF THE ACT.

SECTION 14 OF THE ACT OF JUNE 27, 1944, 58 STAT. 390, PUBLIC LAW 359, PROVIDES AS FOLLOWS:

SEC. 14. NO PERMANENT OR INDEFINITE PREFERENCE ELIGIBLE, WHO HAS COMPLETED A PROBATIONARY OR TRIAL PERIOD EMPLOYED IN THE CIVIL SERVICE, OR IN ANY ESTABLISHMENT, AGENCY, BUREAU, ADMINISTRATION, PROJECT, OR DEPARTMENT, HERINBEFORE REFERRED TO SHALL BE DISCHARGED, SUSPENDED FOR MORE THAN THIRTY DAYS, FURLOUGHED WITHOUT PAY, REDUCED IN RANK OR COMPENSATION, OR DEBARRED FOR FUTURE APPOINTMENT EXCEPT FOR SUCH CAUSE AS WILL PROMOTE THE EFFICIENCY OF THE SERVICE AND FOR REASONS GIVEN IN WRITING, AND THE PERSON WHOSE DISCHARGE, SUSPENSION FOR MORE THAN THIRTY DAYS, FURLOUGH WITHOUT PAY, OR REDUCTION IN RANK OR COMPENSATION IS SOUGHT SHALL HAVE AT LEAST THIRTY DAYS' ADVANCE WRITTEN NOTICE (EXCEPT WHERE THERE IS REASONABLE CAUSE TO BELIEVE THE EMPLOYEE TO BE GUILTY OF A CRIME FOR WHICH A SENTENCE OF IMPRISONMENT CAN BE IMPOSED), STATING ANY AND ALL REASONS, SPECIFICALLY AND IN DETAIL, FOR ANY SUCH PROPOSED ACTION; SUCH PREFERENCE ELIGIBLE SHALL BE ALLOWED A REASONABLE TIME FOR ANSWERING THE SAME PERSONALLY AND IN WRITING, AND FOR FURNISHING AFFIDAVITS IN SUPPORT OF SUCH ANSWER, AND SHALL HAVE THE RIGHT TO APPEAL TO THE CIVIL SERVICE COMMISSION FROM AN ADVERSE DECISION: PROVIDED, THAT SUCH PREFERENCE ELIGIBLE SHALL HAVE THE RIGHT TO MAKE A PERSONAL APPEARANCE, OR AN APPEARANCE THROUGH A DESIGNATED REPRESENTATIVE, IN ACCORDANCE WITH SUCH REASONABLE RULES AND REGULATIONS AS MAY BE ISSUED BY THE CIVIL SERVICE COMMISSION; AFTER INVESTIGATION AND CONSIDERATION OF THE EVIDENCE SUBMITTED, THE CIVIL SERVICE COMMISSION SHALL SUBMIT ITS FINDINGS AND RECOMMENDATIONS TO THE PROPER ADMINISTRATIVE OFFICER AND SHALL SEND COPIES OF SAME TO THE APPELLANT OR TO HIS DESIGNATED REPRESENTATIVE: PROVIDED FURTHER, THAT THE CIVIL SERVICE COMMISSION MAY DECLARE ANY SUCH PREFERENCE ELIGIBLE WHO MAY HAVE BEEN DISMISSED OR FURLOUGHED WITHOUT PAY TO BE ELIGIBLE FOR THE PROVISIONS OF SECTION 15 HEREOF. (ITALICS SUPPLIED.)

AT THE TIME HERE INVOLVED, AUGUST AND SEPTEMBER, 1944, THE UNITED STATES CIVIL SERVICE COMMISSION HAD NOT ISSUED ITS REGULATIONS IN FURTHERANCE OF THE ABOVE-QUOTED SECTION OF THE STATUTE. DEPARTMENTAL CIRCULAR NO. 493 OF THE COMMISSION, DATED JULY 3, 1944, CITED BY THE CLAIMANT, CONTAINS REGULATIONS IN RESPECT OF OTHER PROVISIONS OF THE STATUTE NOT HERE INVOLVED. HOWEVER, UNDER DATE OF NOVEMBER 4, 1944, DEPARTMENTAL CIRCULAR NO. 507 WAS ISSUED BY THE COMMISSION COVERING REGULATIONS TO CARRY OUT THE STATUTORY PROVISIONS ABOVE QUOTED. SEE, ALSO, SUPPLEMENT NO. 1, DATED DECEMBER 26, 1944, AND SUPPLEMENT NO. 2, DATED FEBRUARY 23, 1945. THE REGULATIONS CONTAINED IN THE SAID CIRCULAR OF NOVEMBER 4, 1944, WERE MADE RETROACTIVELY EFFECTIVE TO THE DATE OF THE STATUTE.

THERE IS NOTHING IN ANY OF THE REGULATIONS ISSUED BY THE COMMISSION UNDER THE STATUTE WHICH MAY BE SAID TO RELATED SPECIFICALLY TO THE ADMINISTRATIVE REALLOCATION DOWNWARD OF A FIELD POSITION OCCUPIED BY A VETERAN, BUT NOTE PARTICULARLY SECTION 3 OF REGULATION I OF THE CIRCULAR DATED NOVEMBER 4, 1944, PROVIDING:

SEC. 3. THESE REGULATIONS ARE NOT APPLICABLE TO DECISIONS OF THE CIVIL SERVICE COMMISSION RELATIVE TO APPLICATIONS, EXAMINATIONS, PROMOTIONS, TRANSFERS, REINSTATEMENTS, REAPPOINTMENTS, CLASSIFICATIONS AND OTHER CIVIL SERVICE PROCEEDINGS, NOR TO ACTIONS OF ADMINISTRATIVE OFFICERS WHICH ARE TAKEN UNDER INSTRUCTIONS FROM THE CIVIL SERVICE COMMISSION IN CASES IN WHICH THE COMMISSION HAS JURISDICTION. APPEALS IN SUCH CASES WILL CONTINUE TO BE ENTERTAINED BY THE COMMISSION IN ACCORDANCE WITH ITS ESTABLISHED ADMINISTRATIVE PROCEDURES.

WHILE ALLOCATIONS OR REALLOCATIONS OF FIELD POSITIONS HAVE BEEN VESTED BY SECTION 2 OF THE ACT OF JULY 3, 1930, 46 STAT. 1005, EXCLUSIVELY IN THE PARTICULAR ADMINISTRATIVE OFFICE CONCERNED (10 COMP. GEN. 20; ID. 216; ID. 349; 14 ID. 448; 16 ID. 1107), WHICH ADMINISTRATIVE ACTION IS NOT SUBJECT TO REVIEW OR REVISION BY THE CIVIL SERVICE COMMISSION WITHIN THE MEANING OF THE ABOVE-QUOTED REGULATION, NEVERTHELESS THERE IS, AT LEAST, A SERIOUS DOUBT WHETHER, AS A MATTER OF LAW, A VETERAN WHOSE FIELD POSITION IS REALLOCATED DOWNWARD BY ADMINISTRATIVE ACTION--- WHICH ACTION IS BASED SOLELY UPON THE DUTIES AND RESPONSIBILITY OF THE POSITION AND WHICH HAS NOTHING TO DO WITH THE ABILITY, EFFICIENCY, CHARACTER, OR CONDUCT OF THE PARTICULAR EMPLOYEE WHO HAPPENS TO BE HOLDING THE POSITIONS AT THE TIME--- HAS BEEN "REDUCED IN RANK OR COMPENSATION" WITHIN THE MEANING AND INTENT OF SECTION 14 OF THE ACT OF JUNE 27, 1944, SUPRA. WHEN THE TERM,"REDUCED IN RANK OR COMPENSATION," IS CONSIDERED IN CONNECTION WITH THE CONTEXT OF THE ENTIRE SECTION OF THE STATUTE IN WHICH IT APPEARS--- PARTICULARLY THE CATEGORY OF ACTIONS MENTIONED THEREIN, OF WHICH A REDUCTION IN RANK OR COMPENSATION IS ONE, AND THE STATED REQUIREMENTS IN TAKING SUCH ACTIONS--- IT WOULD SEEM DIFFICULT TO CONCLUDE THAT THE WORD "REDUCED" AS USED IN THE STATUTE HAS APPLICATION TO OTHER THAN AN ADMINISTRATIVE ACTION PERSONAL TO THE EMPLOYEE BECAUSE OF SOMETHING HE HAS DONE OR HAS FAILED TO DO. HOWEVER, IT IS UNNECESSARY TO DETERMINE THAT POINT AT THIS TIME, BECAUSE THE CASE PROPERLY IS FOR DISPOSITION UPON OTHER GROUNDS.

THE EMPLOYEE IN THIS INSTANCE STATES THAT HE HAD 30-DAY ADVANCE NOTICE OF THE PROPOSED ADMINISTRATIVE ACTION TO REALLOCATE HIS FIELD POSITION FROM GRADE CAF-13, $5,600 PER ANNUM, TO GRADE CAF-12, $4,600 PER ANNUM, AND THE RECORD SHOWS THAT THE EFFECTIVE DATE OF THE DECREASE IN COMPENSATION PURSUANT TO SUCH REALLOCATION WAS NOT MADE EFFECTIVE ADMINISTRATIVELY UNTIL THE TERMINATION OF SUCH 30-DAY ADVANCE NOTICE.

THE EMPLOYEE'S CONTENTION APPEARS TO BE THAT THE NOTICE HE RECEIVED WAS INADEQUATE AND DID NOT COMPLY WITH THE STATUTE FOR THE REASON THAT THE NOTICE DID NOT SHOW "SUCH CAUSE AS WILL PROMOTE THE EFFICIENCY OF THE SERVICE" AND DID NOT STATE THE REASONS "SPECIFICALLY AND IN DETAIL, FOR ANY SUCH PROPOSED ACTION.' (QUOTING FROM THE STATUTE AND THE REGULATIONS OF THE CIVIL SERVICE COMMISSION). EVEN IF IT SHOULD BE HELD THAT THE PROVISIONS OF THE STATUTE WITH RESPECT TO NOTICE WERE APPLICABLE TO SUCH A CASE AS THIS, THE ADEQUACY OF A NOTICE GIVEN TO A VETERAN PURSUANT TO SECTION 14 OF THE ACT OF JUNE 27, 1944, AND THE REGULATIONS OF THE CIVIL SERVICE COMMISSION THEREUNDER, PRIMARILY IS A MATTER FOR CONSIDERATION AND DETERMINATION BY THE ADMINISTRATIVE OFFICE CONCERNED AND, UPON REVIEW, BY THE UNITED STATES CIVIL SERVICE COMMISSION PURSUANT TO THE PROCEDURE ESTABLISHED BY THE COMMISSION, RATHER THAN FOR THE CONSIDERATION OF THIS OFFICE. THAT IS, IN THE ABSENCE OF CLEAR AND DEFINITE EVIDENCE OF AN ARBITRARY OR CAPRICIOUS ADMINISTRATIVE ACTION IN THE MATTER, THIS OFFICE WILL ACCEPT AS ADEQUATE A TIMELY NOTICE GIVEN BY AN ADMINISTRATIVE OFFICE TO A VETERAN; AND THE DATE OF REDUCTION IN RANK OR COMPENSATION OF A VETERAN AS ADMINISTRATIVELY FIXED ORDINARILY WILL NOT BE QUESTIONED BY THIS OFFICE WHERE IT IS SHOWN, AS HERE, THAT THE VETERAN HAS HAD THE 30- DAY ADVANCE NOTICE.

THE PAPERS FORWARDED WITH YOUR LETTER SHOW THAT BY LETTER DATED SEPTEMBER 15, 1944, CLAIMANT APPEALED THE MATTER OF THE ADEQUACY OF HIS NOTICE TO A REPRESENTATIVE OF THE UNITED CIVIL SERVICE COMMISSION AND, IN REPLY TO HIM DATED SEPTEMBER 22, 1944, THE REPRESENTATIVE OF THE UNITED STATES CIVIL SERVICE COMMISSION CONCLUDED:

* * * THAT YOUR AGENCY HAS COMPLIED WITH THE CIVIL SERVICE RULES AND REGULATIONS PROMULGATED AS A RESULT OF THE VETERANS PREFERENCE ACT OF 1944.

WHILE IT IS TRUE THE REGULATIONS OF NOVEMBER 4, 1944, HAD NOT THEN BEEN ISSUED, NEVERTHELESS THE MATTER WAS PASSED UPON BY A REPRESENTATIVE OF THE CIVIL SERVICE COMMISSION, WHO, IT IS PRESUMED, WAS DULY QUALIFIED TO DO SO. NO APPEAL LIES TO THIS OFFICE FROM THE ACTION TAKEN BY THE ADMINISTRATIVE OFFICE AND THE CIVIL SERVICE COMMISSION REGARDING THE ADEQUACY OF THE NOTICE TO THE VETERAN IN THIS CASE.

ACCORDINGLY, PAYMENT ON THE VOUCHER IS NOT AUTHORIZED.

THE VOUCHER AND SUPPORTING PAPERS WILL BE RETAINED IN THE FILES OF THIS OFFICE.