B-144919, JUN. 16, 1970
Highlights
WHEN YOU WERE REMOVED FROM CIVILIAN SERVICE WITH THE HOUSING AND HOME FINANCE AGENCY (HHFA). YOU POINT OUT THAT OUR UNDERSTANDING OF THE SITUATION AS REFLECTED IN THAT REFERENCE WAS IN ERROR. WE WOULD POINT OUT THAT THE MISSTATEMENT WAS DUE MORE TO INADVERTENCE RATHER THAN TO ANY BASIC MISCONCEPTION CONCERNING THE FACTS OF YOUR CASE AND THAT CORRECTION OF THE MISSTATEMENT DOES NOT ALTER THE CONCLUSION WE PREVIOUSLY REACHED. THE PERTINENT FACTS ARE AS FOLLOWS: 1. WAS VOID AND THAT YOU WERE NOT ENTITLED TO THE CIVILIAN SALARY PAID YOU FROM THAT DATE. 2. THERE WAS NO LONGER ANY LEGAL PROHIBITION TO YOUR EMPLOYMENT BY HHFA AND ON NOVEMBER 20. YOU WERE RESTORED TO HHFA ROLLS. BECAUSE YOU WERE RESTORED AS OF NOVEMBER 1955.
B-144919, JUN. 16, 1970
TO MR. JOSE FUENTES:
IN OUR LETTER TO YOU DATED APRIL 1, 1970, WE DENIED YOUR CLAIM FOR BACK PAY COVERING THE PERIOD MARCH 5, 1961, TO NOVEMBER 19, 1961, WHEN YOU WERE REMOVED FROM CIVILIAN SERVICE WITH THE HOUSING AND HOME FINANCE AGENCY (HHFA).
IN THE COURSE OF OUR LETTER WE INCLUDED A PARAGRAPH REFERRING TO AN UNSUCCESSFUL ATTEMPT TO RESTORE YOU TO EMPLOYMENT AT HHFA EFFECTIVE NOVEMBER 20, 1961. YOU POINT OUT THAT OUR UNDERSTANDING OF THE SITUATION AS REFLECTED IN THAT REFERENCE WAS IN ERROR. WHILE WE AGREE THAT THE PARAGRAPH CONTAINS A MISSTATEMENT OF FACT, WE WOULD POINT OUT THAT THE MISSTATEMENT WAS DUE MORE TO INADVERTENCE RATHER THAN TO ANY BASIC MISCONCEPTION CONCERNING THE FACTS OF YOUR CASE AND THAT CORRECTION OF THE MISSTATEMENT DOES NOT ALTER THE CONCLUSION WE PREVIOUSLY REACHED. BRIEFLY STATED, THE PERTINENT FACTS ARE AS FOLLOWS:
1. BY DECISION DATED FEBRUARY 23, 1961, WE HELD AS A RESULT OF YOUR RETIRED MILITARY STATUS, THAT YOUR CIVILIAN APPOINTMENT WITH HHFA ON NOVEMBER 3, 1955, WAS VOID AND THAT YOU WERE NOT ENTITLED TO THE CIVILIAN SALARY PAID YOU FROM THAT DATE.
2. PURSUANT TO OUR DECISION, HHFA CANCELLED YOUR ORIGINAL APPOINTMENT AND YOU LEFT THAT AGENCY EARLY IN MARCH 1961.
3. UPON CORRECTION OF YOUR MILITARY RECORDS PURSUANT TO SPECIAL ORDERS DATED SEPTEMBER 25, 1961, THERE WAS NO LONGER ANY LEGAL PROHIBITION TO YOUR EMPLOYMENT BY HHFA AND ON NOVEMBER 20, 1961, YOU WERE RESTORED TO HHFA ROLLS. THE AGENCY EXECUTED PERSONNEL ACTION DOCUMENTS TO REFLECT RESTORATION BACK TO YOUR ORIGINAL STARTING DATE, NOVEMBER 3, 1955; SEPARATION AS OF MARCH 4, 1961; AND REINSTATEMENT ON NOVEMBER 20, 1961.
BECAUSE YOU WERE RESTORED AS OF NOVEMBER 1955, YOU CLAIM ENTITLEMENT TO BACK PAY FOR THE PERIOD MARCH 4 TO NOVEMBER 20, 1961, DURING WHICH YOU WERE INVOLUNTARILY DEPRIVED OF THE OPPORTUNITY TO WORK AT HHFA.
THE REASON FOR THE DENIAL OF YOUR CLAIM IS CONTAINED IN THE LAST PARAGRAPH OF OUR APRIL 1, 1970 LETTER:
"YOUR REMOVAL FROM THE SERVICE ON MARCH 4, 1961, WAS REQUIRED BY LAW AS INTERPRETED BY OUR DECISIONS AND IS NOT TO BE REGARDED AS UNJUSTIFIED OR UNWARRANTED AS PROVIDED BY THE STATUTE REFERRED TO ABOVE. IN OTHER WORDS, YOUR SEPARATION WAS PROPER AT THE TIME AND THE SUBSEQUENT ACTION IN CORRECTING YOUR MILITARY RECORD OR THE ENACTMENT OF PRIVATE RELIEF LEGISLATION IN YOUR FAVOR DID NOT CHANGE THE ORIGINAL NATURE OF YOUR REMOVAL. ACCORDINGLY, YOUR CLAIM FOR BACK PAY MUST BE DENIED. *** "
WE WOULD ADD THAT THE PERSONNEL ACTION DOCUMENTS EXECUTED BY HHFA SERVED MERELY TO REFLECT THE PERIODS DURING WHICH YOU ACTUALLY WORKED FOR THAT AGENCY. SINCE YOUR REMOVAL FROM MARCH 5 TO NOVEMBER 20, 1961, WAS PROPER AT THE TIME AND SINCE YOU DID NOT WORK FOR HHFA DURING THAT PERIOD THERE WAS NO BASIS FOR INCLUDING IT AS A PERIOD OF EMPLOYMENT BY HHFA.