B-163879, AUG. 14, 1968
Highlights
WILLIAMSON: REFERENCE IS MADE TO YOUR LETTER OF JULY 9. THE CIRCUMSTANCES CONCERNING THE OFFER OF EMPLOYMENT AND THE DISALLOWANCE OF YOUR CLAIM WERE SET FORTH IN OUR DECISION AND WILL NOT BE REPEATED IN DETAIL. THE RECORD INDICATES YOU WERE OFFERED A GS-9 POSITION WITH PROTECTION OF SALARY SUBJECT TO VERIFICATION UPON RECEIPT OF YOUR INACTIVE PERSONNEL RECORD FROM YOUR LAST FEDERAL EMPLOYER. WHEN YOU REPORTED FOR DUTY IT WAS LEARNED YOU WERE INELIGIBLE FOR APPOINTMENT OR REINSTATEMENT SINCE YOUR PREVIOUS FEDERAL SERVICE WAS UNDER AN EXCEPTED APPOINTMENT AND YOU HAD A BREAK IN SERVICE. YOUR CLAIM WAS DISALLOWED FOR THE REASONS STATED IN OUR DECISION. YOU NOW ALLEGE YOU WERE NOT OFFERED A TEMPORARY APPOINTMENT BUT AN INDEFINITE ONE.
B-163879, AUG. 14, 1968
TO MR. CHARLES J. WILLIAMSON:
REFERENCE IS MADE TO YOUR LETTER OF JULY 9, 1968, REQUESTING RECONSIDERATION OF OUR DECISION OF APRIL 19, 1968, B-163879, SUSTAINING THE DISALLOWANCE OF YOUR CLAIM FOR REIMBURSEMENT FOR THE COSTS OF TRAVEL EXPENSES AND A MEDICAL EXAMINATION IN CONNECTION WITH AN OFFER OF EMPLOYMENT BY THE DEFENSE SUPPLY AGENCY, BURLINGAME, CALIFORNIA. YOU ALSO ASK THAT YOU BE REINSTATED BACK TO FEBRUARY 27, 1967, YOUR REPORTING DATE AT THE AGENCY CITED ABOVE.
THE CIRCUMSTANCES CONCERNING THE OFFER OF EMPLOYMENT AND THE DISALLOWANCE OF YOUR CLAIM WERE SET FORTH IN OUR DECISION AND WILL NOT BE REPEATED IN DETAIL. THE RECORD INDICATES YOU WERE OFFERED A GS-9 POSITION WITH PROTECTION OF SALARY SUBJECT TO VERIFICATION UPON RECEIPT OF YOUR INACTIVE PERSONNEL RECORD FROM YOUR LAST FEDERAL EMPLOYER. WHEN YOU REPORTED FOR DUTY IT WAS LEARNED YOU WERE INELIGIBLE FOR APPOINTMENT OR REINSTATEMENT SINCE YOUR PREVIOUS FEDERAL SERVICE WAS UNDER AN EXCEPTED APPOINTMENT AND YOU HAD A BREAK IN SERVICE. YOU DECLINED A TEMPORARY APPOINTMENT PENDING ESTABLISHMENT OF REGISTER. YOUR CLAIM WAS DISALLOWED FOR THE REASONS STATED IN OUR DECISION. YOU NOW ALLEGE YOU WERE NOT OFFERED A TEMPORARY APPOINTMENT BUT AN INDEFINITE ONE. THIS IS IMMATERIAL SINCE YOUR CLAIM WAS DISALLOWED FOR REASONS OTHER THAN THE TYPE OF APPOINTMENT WHICH YOU DECLINED. IN VIEW OF THIS AND INASMUCH AS YOU HAVE NOT PRESENTED ANY NEW FACTS WHICH WOULD FURNISH A BASIS FOR REVERSAL WE MUST AFFIRM OUR DECISION.
REGARDING YOUR REQUEST FOR REINSTATEMENT, YOU ARE ADVISED THAT ANY CONSIDERATION OF THAT REQUEST IS A MATTER WITHIN THE JURISDICTION OF THE AGENCY CONCERNED AND THE UNITED STATES CIVIL SERVICE COMMISSION. MOREOVER, IN THE CIRCUMSTANCES OF YOUR CASE, WHILE WE UNDERSTAND YOUR VIEWPOINT AS TO ANY MISUNDERSTANDING THAT MAY HAVE OCCURRED BETWEEN THE DEFENSE SUPPLY AGENCY AND YOURSELF, WE KNOW OF NO BASIS UNDER EXISTING LAW TO AUTHORIZE RETROACTIVE COMPENSATION TO YOU BACK TO THE DATE (FEBRUARY 27, 1967) YOU REPORTED FOR DUTY WITH THAT AGENCY.