B-62570, JANUARY 9, 1947, 26 COMP. GEN. 471

B-62570: Jan 9, 1947

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THE POST OFFICE IN WHICH A SUBSTITUTE CLERK HAD BEEN EMPLOYED PRIOR TO MILITARY SERVICE WAS RELEGATED TO A LOWER CLASS BUT RESTORED TO ITS FORMER CLASSIFICATION BEFORE HIS RELEASE FROM THE MILITARY SERVICE AND REINSTATEMENT AS A SUBSTITUTE CLERK WOULD NOT CONSTITUTE A BREAK IN SERVICE DEPRIVING HIM OF CREDIT. YOUR DECISION IS REQUESTED WITH RESPECT TO THE APPLICATION OF THIS LAW CONCERNING JOHN R. ADAMCIK WAS APPOINTED A CLASSIFIED SUBSTITUTE CLERK ON MARCH 25. WAS INDUCTED INTO THE ARMED FORCES ON MARCH 29. AT THAT TIME THE SOUTH COVENTRY POST OFFICE WAS IN THE SECOND CLASS. THE SOUTH COVENTRY OFFICE WAS RELEGATED TO THE THIRD CLASS. THE OFFICE WAS ADVANCED TO THE SECOND CLASS. ADAMCIK WAS RESTORED TO DUTY AS A CLASSIFIED SUBSTITUTE CLERK.

B-62570, JANUARY 9, 1947, 26 COMP. GEN. 471

COMPENSATION - POSTAL SERVICE - CREDIT OF MILITARY SERVICE AND PRIOR CIVILIAN SERVICE FOR AUTOMATIC PROMOTIONS - CHANGE IN CLASSIFICATION OF POST OFFICE DURING MILITARY SERVICE THE FACT THAT, DURING HIS MILITARY SERVICE, THE POST OFFICE IN WHICH A SUBSTITUTE CLERK HAD BEEN EMPLOYED PRIOR TO MILITARY SERVICE WAS RELEGATED TO A LOWER CLASS BUT RESTORED TO ITS FORMER CLASSIFICATION BEFORE HIS RELEASE FROM THE MILITARY SERVICE AND REINSTATEMENT AS A SUBSTITUTE CLERK WOULD NOT CONSTITUTE A BREAK IN SERVICE DEPRIVING HIM OF CREDIT, FOR AUTOMATIC PROMOTION PURPOSES, UNDER SECTION 25 OF THE POSTAL SERVICE PAY STATUTE OF JULY 6, 1945, AND SECTION 2 OF THE ACT OF MARCH 6, 1946, FOR PAST CONTINUOUS CIVILIAN AND MILITARY SERVICE.

COMPTROLLER GENERAL WARREN TO THE POSTMASTER GENERAL, JANUARY 9, 1947:

THERE HAS BEEN CONSIDERED YOUR LETTER OF DECEMBER 16, 1946 (REFERENCE 15) AS FOLLOWS:

SECTION 25 OF THE ACT OF JULY 6, 1945, PUBLIC LAW 134, PROVIDES THAT IN CONFERRING THE BENEFITS OF THAT ACT UPON POSTAL EMPLOYEES ONLY CONTINUOUS SERVICE MAY BE COUNTED, NO CREDIT TO BE GIVEN FOR PREVIOUS PERIODS OR TERMS OF EMPLOYMENT BUT ALL SERVICE WITH THE ARMED FORCES SHALL BE CONSTRUED AS ALLOWABLE SERVICE.

YOUR DECISION IS REQUESTED WITH RESPECT TO THE APPLICATION OF THIS LAW CONCERNING JOHN R. ADAMCIK, JR., A SUBSTITUTE CLERK IN THE POST OFFICE AT SOUTH COVENTRY, CONNECTICUT. MR. ADAMCIK WAS APPOINTED A CLASSIFIED SUBSTITUTE CLERK ON MARCH 25, 1940, AND WAS INDUCTED INTO THE ARMED FORCES ON MARCH 29, 1943. AT THAT TIME THE SOUTH COVENTRY POST OFFICE WAS IN THE SECOND CLASS. EFFECTIVE JULY 1, 1944, THE SOUTH COVENTRY OFFICE WAS RELEGATED TO THE THIRD CLASS; ON JULY 1, 1945, THE OFFICE WAS ADVANCED TO THE SECOND CLASS. ON JUNE 1, 1946, MR. ADAMCIK WAS RESTORED TO DUTY AS A CLASSIFIED SUBSTITUTE CLERK.

THE QUESTION HAS ARISEN AS TO WHETHER THE YEAR THAT THE SOUTH COVENTRY OFFICE WAS IN THE THIRD CLASS WOULD OPERATE AS A BREAK IN SERVICE FOR MR. ADAMCIK NOTWITHSTANDING THAT HE WAS WITH THE ARMED FORCES AT THAT TIME. IF THE YEAR OF RELEGATION CONSTITUTES A BREAK IN SERVICE MR. ADAMCIK'S SENIORITY FOR PAY PURPOSES WILL DATE FROM JULY 1, 1945; IF THE RELEGATION IS NOT A BREAK HIS SENIORITY WILL DATE FROM MARCH 25, 1940.

IT WILL BE APPRECIATED IF YOUR WILL ADVISE ME AS TO WHICH IS THE PROPER PROCEDURE IN THIS CASE.

SECTION 25 OF THE POSTAL EMPLOYEES PAY ACT OF 1945, PUBLIC LAW 134, APPROVED JULY 6, 1945, 59 STAT. 461, PROVIDES:

SEC. 25. ALLOWABLE SERVICE UNDER THE PROVISIONS OF THIS ACT SHALL BE ONLY SUCH CONTINUOUS ACTIVE SERVICE AS HAS BEEN RENDERED AND SHALL NOT INCLUDE PREVIOUS PERIODS OR TERMS OF EMPLOYMENT: PROVIDED, HOWEVER, THAT IN THE CASE OF EMPLOYEES WHO HAVE BEEN SEPARATED OR SHALL HEREAFTER BE SEPARATED FROM THE FIELD SERVICE OF THE POST OFFICE DEPARTMENT FOR MILITARY DUTY, THE PERIODS OR TERMS OF SUCH SERVICE IMMEDIATELY PRECEDING ENTRY INTO THE MILITARY SERVICE AS WELL AS THE TIME ENGAGED IN MILITARY SERVICE SHALL BE CONSTRUED AS ALLOWABLE SERVICE AND PRO RATA CREDIT SHALL BE GIVEN FOR THE TIME ENGAGED IN MILITARY SERVICE FOR EACH YEAR OF SUCH SERVICE.

SECTION 2 OF THE ACT OF MARCH 6, 1946, PUBLIC LAW 317, 60 STAT. 36, PROVIDES:

SEC. 2. EMPLOYEES WHO HAVE BEEN SEPARATED OR SHALL HEREAFTER BE SEPARATED FROM THE FIELD SERVICE OF THE POST OFFICE DEPARTMENT FOR MILITARY DUTY SHALL BE GIVEN CREDIT UNDER THE PROVISIONS OF SECTION 1 OF THIS ACT FOR THE PERIODS OR TERMS OF SUBSTITUTE SERVICE IMMEDIATELY PRECEDING THEIR ENTRY INTO MILITARY SERVICE AND PRO RATA CREDIT SHALL BE GIVEN FOR THE TIME ENGAGED IN MILITARY SERVICE. EMPLOYEES WHO ARE REINSTATED TO POSITIONS IN THE FIELD SERVICE OF THE POST OFFICE DEPARTMENT MAY BE GIVEN CREDIT FOR THE PERIODS OR TERMS OF CONTINUOUS SUBSTITUTE AND REGULAR SERVICE IMMEDIATELY PRECEDING THEIR SEPARATION,BUT THEY SHALL NOT BE PLACED IN A GRADE HIGHER THAN THE GRADE TO WHICH THEY WOULD HAVE PROGRESSED IN CONTINUOUS SERVICE.

AS MR. ADAMCIK, JR., IS ENTITLED TO CREDIT UNDER THE ABOVE STATUTES FOR THE PERIOD OF HIS MILITARY SERVICE TOWARD ADVANCEMENT AS A SUBSTITUTE, THE FACT THAT DURING A PORTION OF HIS MILITARY SERVICE THE POST OFFICE IN WHICH HE WAS EMPLOYED PRIOR TO ENTERING THE MILITARY SERVICE WAS RELEGATED TO A LOWER CLASS BUT RESTORED TO ITS FORMER CLASSIFICATION BEFORE HIS RELEASE FROM THE MILITARY SERVICE WOULD NOT CONSTITUTE A BREAK IN SERVICE SO AS TO DEPRIVE HIM OF CREDIT FOR PAST CONTINUOUS SERVICE UPON HIS REAPPOINTMENT IN THE POSTAL SERVICE.