B-158925, JUL. 21, 1966

B-158925: Jul 21, 1966

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THERE IS LITTLE I CAN ADD TO WHAT WAS STATED IN OUR DECISION OF APRIL 27. SINCE YOU DO NOT HAVE A COPY OF THAT DECISION I AM ENCLOSING A COPY HEREWITH. YOU WILL NOTE THAT THE RESTORATION RIGHT OF A RESERVE UNDER 5 U.S.C. 30R (B). IS NOT SUBJECT TO THE TIME LIMITATION PRESCRIBED IN SECTION 9 (G) (2) OF THE UNIVERSAL MILITARY TRAINING AND SERVICE ACT. WE ARE WITHOUT AUTHORITY TO ORDER OR DIRECT YOUR RESTORATION TO ANY PARTICULAR POSITION IN THE AGENCY BY WHICH YOU WERE EMPLOYED IMMEDIATELY PRIOR TO YOUR CURRENT PERIOD OF ACTIVE MILITARY DUTY.

B-158925, JUL. 21, 1966

TO COLONEL JAMES J. IRWIN, USAF:

IN REFERENCE TO YOUR LETTER OF JULY 8, 1966, I RECALL WITH PLEASANT RECOLLECTION MY VISIT WITH YOU AND THE INTERESTING PRESENTATION MADE BY YOUR STAFF AT RHEIN-MAIN, FRANKFURT, IN 1958.

CONCERNING YOUR ENTITLEMENT TO RESTORATION TO A CIVILIAN POSITION AT THE TERMINATION OF YOUR PRESENT PERIOD OF ACTIVE DUTY AS AN AIR FORCE RESERVE OFFICER, THERE IS LITTLE I CAN ADD TO WHAT WAS STATED IN OUR DECISION OF APRIL 27, 1966, B-158925, TO WHICH YOU REFER IN YOUR LETTER. SINCE YOU DO NOT HAVE A COPY OF THAT DECISION I AM ENCLOSING A COPY HEREWITH. YOU WILL NOTE THAT THE RESTORATION RIGHT OF A RESERVE UNDER 5 U.S.C. 30R (B), QUOTED IN SUCH DECISION, IS NOT SUBJECT TO THE TIME LIMITATION PRESCRIBED IN SECTION 9 (G) (2) OF THE UNIVERSAL MILITARY TRAINING AND SERVICE ACT, 50 U.S.C. APP. 459 (G) (2), APPLICABLE TO PERSONS SEEKING RESTORATION UNDER THE PROVISIONS OF THAT ACT.

IN VIEW THEREOF OUR OFFICE PERCEIVES NO OBJECTION TO YOUR BEING GRANTED THE RESTORATION BENEFITS PROVIDED UNDER 5 U.S.C. 30R (B), FOLLOWING YOUR RELEASE FROM ACTIVE DUTY. FOR THE REASONS STATED IN THE CONCLUDING PARAGRAPH OF THAT DECISION, HOWEVER, WE ARE WITHOUT AUTHORITY TO ORDER OR DIRECT YOUR RESTORATION TO ANY PARTICULAR POSITION IN THE AGENCY BY WHICH YOU WERE EMPLOYED IMMEDIATELY PRIOR TO YOUR CURRENT PERIOD OF ACTIVE MILITARY DUTY.

Oct 29, 2020

Oct 28, 2020

Oct 27, 2020

  • Silver Investments, Inc.
    We dismiss the protest as untimely because it was filed more than 10 days after the protester knew, or should have known, the basis for its protest.
    B-419028

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