B-209480 L/M, NOV 18, 1982, OFFICE OF GENERAL COUNSEL

B-209480 L/M, NOV 18, 1982, OFFICE OF GENERAL COUNSEL

PRECIS-UNAVAILABLE

MR. JOHN S. SLOMINSKI:

THIS IS IN RESPONSE TO YOUR LETTER, WITH ENCLOSURES, REQUESTING THE ASSISTANCE OF THE COMPTROLLER GENERAL IN DETERMINING WHETHER YOU ARE ENTITLED TO A MONETARY AWARD FOR A SUGGESTION YOU SUBMITTED AS AN EMPLOYEE OF THE VETERANS ADMINISTRATION MARKETING CENTER IN HINES, ILLINOIS. FOR THE REASONS INDICATED BELOW, WE CANNOT MAKE THE DETERMINATION YOU REQUEST.

ON DECEMBER 24, 1980, YOU SUBMITTED SUGGESTION NO. 797-S-95 RECOMMENDING THAT THE VETERANS ADMINISTRATION (VA) PROVIDE ADDITIONAL SPACE BETWEEN THE "TO" LINE AND THE "SUBJECT" LINE ON VA FORM 2106, VA MEMORANDUM. YOUR SUGGESTION WOULD ALLOW MORE USEABLE LINE SPACE FOR MULTIPLE ADDRESSES AND MULTIPLE LINE SUBJECTS.

THE SUGGESTION YOU SUBMITTED WAS EVALUATED BY THE INCENTIVE AWARDS AND SUGGESTIONS STAFF OF VA AND WAS DISAPPROVED. IN RESPONSE TO YOUR REQUEST FOR A RECONSIDERATION OF THAT DECISION, THE INCENTIVE AWARDS AND SUGGESTIONS STAFF, ON JUNE 8, 1981, INFORMED YOU THAT THE ORIGINAL EVALUATION WAS UPHELD. THE REASON GIVEN WAS THAT THE MEMORANDUM FORM WAS PART OF THE VA'S APPROVED UNITED GRAPHICS COMMUNICATIONS SYSTEM AND IT WAS FELT THAT THE PROGRAM SHOULD NOT BE COMPROMISED BY CHANGING THE FORM.

ON JANUARY 27, 1982, THE MEMORANDUM FORM WAS CHANGED IN A MANNER WHICH YOU ASSERT PARTIALLY INCORPORATED YOUR SUGGESTION. YOU AGAIN REQUESTED RECONSIDERATION OF THE DECISION DENYING YOU AN AWARD FOR YOUR SUGGESTION. THE INCENTIVE AWARDS STAFF, ALTHOUGH RECOGNIZING THAT YOUR IDEA COINCIDED WITH THE CHANGE, NONETHELESS DISAPPROVED THE AWARD SINCE THE FORM WAS REVISED AT THE DIRECTION OF THE ADMINISTRATOR AND NOT AS A RESULT OF YOUR SUGGESTION.

SECTION 4503 OF TITLE 5, U.S.C. (SUPP. IV 1980), STATES THAT:

"THE HEAD OF AN AGENCY MAY PAY A CASH AWARD TO, AND INCUR NECESSARY EXPENSE FOR THE HONORARY RECOGNITION OF, AN EMPLOYEE WHO -

"(1) BY HIS SUGGESTION, INVENTION, SUPERIOR ACCOMPLISHMENT, OR OTHER PERSONAL EFFORT CONTRIBUTES TO THE EFFICIENCY, ECONOMY, OR OTHER IMPROVEMENT OF GOVERNMENT OPERATIONS OR ACHIEVES A SIGNIFICANT REDUCTION IN PAPERWORK ***."

THIS STATUTE GIVES DISCRETION TO THE AGENCY IN DECIDING WHETHER OR NOT TO AWARD AN EMPLOYEE. IT IS EVIDENT FROM THE MATERIALS YOU HAVE SUBMITTED THAT THE PROPER AUTHORITIES AT THE VETERANS ADMINISTRATION HAVE CONSIDERED YOUR SUGGESTION BUT HAVE REJECTED IT. THIS OFFICE IS WITHOUT AUTHORITY TO QUESTION THE ADMINISTRATIVE DETERMINATION BY AN AGENCY AS TO THE ELIGIBILITY OF AN EMPLOYEE FOR AN AWARD. B-183541, NOVEMBER 19, 1975.

WE ARE SORRY THAT WE COULD NOT BE OF GREATER ASSISTANCE.