B-134934, MAR. 6, 1958

B-134934: Mar 6, 1958

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THE RECORD SHOWS THAT YOU ARE A NATURALIZED CITIZEN AND HAVE BEEN EMPLOYED AS A CIVILIAN GUARD SINCE MAY 13. YOUR RATE OF COMPENSATION WAS CHANGED FROM LOCAL WAGE BOARD PHILIPPINE RATE TO UNITED STATES RATE BECAUSE OF YOUR AMERICAN CITIZENSHIP. WAS ACQUIRED BY REASON OF YOUR SERVICE IN THE UNITED STATES ARMY AND YOU MAINTAIN THAT AS AN AMERICAN CITIZEN YOU ARE ENTITLED TO AN ADJUSTMENT OF YOUR COMPENSATION AT THE UNITED STATES RATE RETROACTIVE TO THE BEGINNING DATE OF YOUR EMPLOYMENT. YOU ADVISED THE THIRTEENTH AIR FORCE (PACAF) COMMAND THAT "I DESIRE OF MY OWN FREE WILL TO REMAIN IN MY PRESENT POSITION AT MY PRESENT RATE OF PAY UNTIL U.S. SPACES ARE AVAILABLE.'. IT IS APPARENT THAT YOU ACCEPTED EMPLOYMENT AT THE NATIVE RATE OF COMPENSATION AND SPECIFICALLY INDICATED A WILLINGNESS TO REMAIN IN YOUR NATIVE RATE POSITION UNTIL "U.S.

B-134934, MAR. 6, 1958

TO MR. SERVILLANO P. LAZARTE:

YOUR LETTER OF DECEMBER 26, 1957, IN EFFECT REQUESTS REVIEW OF SETTLEMENT DATED NOVEMBER 15, 1957, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL COMPENSATION FOR THE PERIOD MAY 13, 1949, TO MARCH 28, 1956, AS AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE, MANILA, PHILIPPINES.

THE RECORD SHOWS THAT YOU ARE A NATURALIZED CITIZEN AND HAVE BEEN EMPLOYED AS A CIVILIAN GUARD SINCE MAY 13, 1949. ON MARCH 28, 1956, YOUR RATE OF COMPENSATION WAS CHANGED FROM LOCAL WAGE BOARD PHILIPPINE RATE TO UNITED STATES RATE BECAUSE OF YOUR AMERICAN CITIZENSHIP. THIS, YOU INDICATE, WAS ACQUIRED BY REASON OF YOUR SERVICE IN THE UNITED STATES ARMY AND YOU MAINTAIN THAT AS AN AMERICAN CITIZEN YOU ARE ENTITLED TO AN ADJUSTMENT OF YOUR COMPENSATION AT THE UNITED STATES RATE RETROACTIVE TO THE BEGINNING DATE OF YOUR EMPLOYMENT, MAY 13, 1949. ON NOVEMBER 10, 1955, YOU ADVISED THE THIRTEENTH AIR FORCE (PACAF) COMMAND THAT "I DESIRE OF MY OWN FREE WILL TO REMAIN IN MY PRESENT POSITION AT MY PRESENT RATE OF PAY UNTIL U.S. SPACES ARE AVAILABLE.'

IT IS APPARENT THAT YOU ACCEPTED EMPLOYMENT AT THE NATIVE RATE OF COMPENSATION AND SPECIFICALLY INDICATED A WILLINGNESS TO REMAIN IN YOUR NATIVE RATE POSITION UNTIL "U.S. SPACES ARE AVAILABLE" FOR CITIZENS OF THE UNITED STATES. THE RECORD DOES NOT SHOW THAT THERE WERE ANY AVAILABLE POSITIONS AT THE CLASSIFIED RATE UNTIL MARCH 28, 1956, WHICH IS THE EFFECTIVE DATE UPON WHICH YOUR RATE OF COMPENSATION WAS CHANGED. IN THE ABSENCE OF U.S. SPACES YOU COULD HAVE BEEN SEPARATED, BUT APPARENTLY YOU WERE RETAINED AT THE LOCAL RATE AT YOUR REQUEST.

THERE IS NO BASIS OF RECORD FOR APPROVAL OF YOUR CLAIM FOR ADDITIONAL COMPENSATION BASED SOLELY UPON THE FACT OF CITIZENSHIP. AS YOU WERE ADVISED IN SETTLEMENT DATED NOVEMBER 15, 1957, THE MERE FACT THAT YOU QUALIFIED FOR A POSITION TO WHICH THE UNITED STATES RATE APPLIED DOES NOT ENTITLE YOU TO THE COMPENSATION FOR THAT POSITION PRIOR TO THE DATE APPROPRIATE ACTION IS TAKEN BY THE PROPER ADMINISTRATIVE OFFICER. THEREFORE, THE SETTLEMENT DATED NOVEMBER 15, 1957, IS SUSTAINED.

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