Back Pay and Damages for Loss of Home While Employee Was on Involuntary Leave

A Transportation and Claims Division disallowance of the claim of a former civilian employee of the Army for back pay and for losses due to forclosure of his home mortgage was reviewed. The claimant stated that a work-related infirmity caused him to enter a hospital on October 2, 1964, and that a request for advance sick leave filed at that time was denied. The claimant further stated that on September 30, 1964, while he was quite ill and not fully competent, he applied for disability retirement, partly on the suggestion of Army personnel. It appeared that the claimant was paid leave status until October 13, 1964, when he was placed on leave without pay. He stated that he was released from the hospital on November 1, 1964, and that during December 1964 he tried without success to get his retirement application rescinded. He stated that, lacking funds, he lost his home in March 1965. On May 3, 1965, the Civil Service Commission disallowed the claimant's application for disability retirement. Three days later he reported to his previous place of employment but refused to perform the job he had previously occupied. After an unsuccessful appeal by the Army to the Civil Service Commission for reconsideration of its disallowance of the claimant's application for disability retirement, the claimant was reassigned to another location in August, 1965. The claimant alleged that, since the Army was responsible for filing the application for disability retirement which resulted in his temporary nonpay status, he should be compensated for the loss of benefits and the loss resulting from foreclosure of his home mortgage. An employee of an agency who, on the basis of an administrative determination or timely appeal, is found by appropriate authority to have undergone an unjustified or unwarranted personnel action resulting in a withdrawal or reduction of pay, is entitled upon correction of that action to all of the pay, allowances, and differentials he would have otherwise received. The claim was disallowed since there was nothing in the record of such determination and there was no legal basis for the allowance of the claim for the loss of the home. Had the Army desired to seek the claimant's separation due to disability on an involuntary basis it could have done so under existing law. The claimant submitted no evidence to show that he was ready, willing, and able to work during the period involved. The disallowance of the claim was affirmed.