Entitlement to Backpay, Annual and Sick Leave, and Retirement Credits

A Government employee appealed the denial of his claim for backpay, annual and sick leave, and retirement credits, contending that his priority rights to Government employment as a separated career employee were violated. The employee had been separated under a reduction in force and was placed on a reemployment priority listing. He was twice offered a position at an Air Force Base, but declined to accept. Instead, he accepted full-time nontemporary Government employment with another agency and his name was removed from the priority list. He subsequently applied for the previous position and because he was denied employment at that time, claimed that his rights were violated. It was held that since he had already accepted Government employment, he had the same rights as other applicants, and the fact that he chose to resign shortly after accepting the position did not qualify him for restoration to the priority list. Accordingly, the previous disallowance was sustained.