B-57699, JUNE 18, 1946, 25 COMP. GEN. 882

B-57699, JUNE 18, 1946, 25 COMP. GEN. 882

COMPENSATION - WITHIN-GRADE PROMOTIONS - SERVICE CREDIT FOR MILITARY DUTY, ETC. WHERE THE POSITION OF AN EMPLOYEE ON MILITARY FURLOUGH WAS ALLOCATED TO THE NEXT HIGHER GRADE ON THE BASIS OF INCREASED RESPONSIBILITIES EXISTING PRIOR TO HIS ENTRY INTO MILITARY SERVICE, THE DIFFERENCE BETWEEN HIS OLD SALARY RATE AND THE INITIAL RATE OF THE HIGHER GRADE BEFORE THAN THE EQUIVALENT OF THE WITHIN-GRADE ADVANCEMENTS WHICH WOULD HAVE ACCRUED PRIOR TO ALLOCATION, THE EMPLOYEE, UPON RESTORATION AFTER MILITARY SERVICE TO THE POSITION AS SO ALLOCATED, MAY NOT COUNT ANY SERVICE PRIOR TO ALLOCATION TOWARD WITHIN-GRADE ADVANCEMENT UNDER SECTION 402 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945. (AMPLIFIED BY 26 COMP. GEN. 100.) WHERE, ON THE BASIS OF DUTIES ACTUALLY PERFORMED, THE POSITION OF AN EMPLOYEE ON MILITARY FURLOUGH WAS ALLOCATED TO A HIGHER GRADE, BUT THE EMPLOYEE, AFTER MILITARY DUTY, WAS RESTORED TO AN ENTIRELY DIFFERENT POSITION IN SUCH HIGHER GRADE, THE DIFFERENCE BETWEEN HIS OLD SALARY AND THE INITIAL SALARY IN THE NEW POSITION BEING MORE THAN THE EQUIVALENT OF THE WITHIN-GRADE ADVANCEMENTS WHICH WOULD HAVE ACCRUED DURING HIS MILITARY SERVICE, THE EMPLOYEE MAY NOT COUNT ANY MILITARY SERVICE TOWARD WITHIN GRADE ADVANCEMENT UNDER SECTION 402 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AND THE NEW WAITING PERIOD FOR ADVANCEMENT BEGAN ON THE DATE OF REEMPLOYMENT. WHERE, DURING AN EMPLOYEE'S ABSENCE ON MILITARY FURLOUGH AN ADMINISTRATIVE REORGANIZATION RESULTED IN HIS POSITION BEING SUPERSEDED BY ANOTHER ALLOCATED ONE GRADE HIGHER, THE DUTIES AND RESPONSIBILITIES OF THE POSITIONS BEING DIFFERENT AND THE DIFFERENCE BETWEEN THE SALARY RECEIVED IN THE OLD POSITION AND THE INITIAL SALARY OF THE SUPERSEDING POSITION BEING MORE THAN THE EQUIVALENT OF THE WITHIN-GRADE ADVANCEMENTS WHICH WOULD HAVE ACCRUED DURING THE EMPLOYEE'S MILITARY SERVICE, THE EMPLOYEE, UPON RESTORATION TO SUCH SUPERSEDING POSITION AFTER MILITARY SERVICE, MAY NOT COUNT MILITARY SERVICE TOWARD WITHIN GRADE ADVANCEMENT UNDER SECTION 402 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945 AND, THEREFORE, IS ENTITLED ONLY TO THE INITIAL SALARY OF THE GRADE IN WHICH RESTORED. WHERE THE POSITION OF AN EMPLOYEE ON MILITARY FURLOUGH WAS ABOLISHED BY ADMINISTRATIVE ACTION AND THE DIFFERENCE BETWEEN HIS OLD SALARY RATE AND THE INITIAL SALARY RATE OF AN ENTIRELY DIFFERENT POSITION IN A HIGHER GRADE IN WHICH REEMPLOYED AFTER MILITARY DUTY IS MORE THAN THE EQUIVALENT OF THE WITHIN-GRADE ADVANCEMENTS WHICH WOULD HAVE ACCRUED DURING HIS MILITARY SERVICE, THE EMPLOYEE, UPON REEMPLOYMENT, MAY NOT COUNT MILITARY SERVICE TOWARD WITHIN-GRADE ADVANCEMENT UNDER SECTION 402 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, IN HIS NEW POSITION AND, THEREFORE, IS ENTITLED ONLY TO THE INITIAL SALARY THEREOF. A FORMER EMPLOYEE, UPON APPOINTMENT IN THE SAME GRADE HE HELD WHEN HE ENTERED THE MILITARY SERVICE UNDER CIRCUMSTANCES CONSTITUTING SUCH APPOINTMENT A PROPER "RESTORATION OR REEMPLOYMENT" WITHIN THE MEANING OF THE WITHIN-GRADE SALARY-ADVANCEMENT PROVISIONS OF SECTION 402 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, MAY COUNT HIS MILITARY SERVICE TOWARD WITHIN-GRADE ADVANCEMENT, IRRESPECTIVE OF THE FACT THAT HIS MANDATORY RESTORATION RIGHTS UNDER THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, AS AMENDED, HAD EXPIRED; BUT NO CREDIT MAY BE ALLOWED FOR ANY OF THE TIME THE EMPLOYEE WAS SEPARATED FROM THE SERVICE (MORE THAN 30 DAYS). AN EMPLOYEE WHO WAS SERVING IN GRADE CAF-2, $1740 PER ANNUM, WHEN HE ENTERED MILITARY SERVICE IN 1942, AND WHOSE PERIOD OF MILITARY SERVICE PLUS PRIOR CIVILIAN SERVICE WITHOUT AN INCREASE IN COMPENSATION EQUALED THAT REQUIRED UNDER THE WITHIN-GRADE SALARY-ADVANCEMENT STATUTES FOR THREE WITHIN-GRADE ADVANCEMENTS IS ENTITLED, IN ACCORDANCE WITH SECTION 402 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, UPON RESTORATION IN GRADE CAF-3 AFTER MILITARY SERVICE TO BE RESTORED AT THE THIRD SALARY STEP ABOVE HIS FORMER RATE OF $1740 PER ANNUM, AS INCREASED BY THE FORMULA PRESCRIBED BY SECTION 405 (A) OF SAID ACT.

COMPTROLLER GENERAL WARREN TO THE PRESIDENT, UNITED STATES CIVIL SERVICE COMMISSION, JUNE 18, 1946:

REFERENCE IS MADE TO YOUR LETTER OF MAY 3, 1946, RECEIVED HERE MAY 10, IN WHICH YOU REQUEST A DECISION UPON A NUMBER OF "QUESTIONS RELATING TO THE APPLICATION OF SECTION 402 (B) (4) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945.' THE QUESTIONS WILL BE STATED AND ANSWERED IN THE ORDER PRESENTED.

CASE NO. 1

(A) EMPLOYEE WAS PROMOTED FROM CAF-11, $3,800, TO CAF-12, $4,600, OCT. 16, 1942; (B) HE WAS PLACED ON LEAVE WITHOUT PAY TO ENTER THE ARMED FORCES MAY 26, 1943; (C) WHILE ON MILITARY LEAVE WITHOUT PAY, HIS POSITION WAS CLASSIFIED AT CAF-13, $5,600, NOV. 11, 1944. THIS WAS NOT REALLOCATION IN THE TECHNICAL MEANING OF THE WORD; THAT IS, THE CAF-12 ALLOCATION WAS NOT CONSIDERED TO HAVE BEEN MADE IN ERROR. RATHER, THE CAF-13 POSITION, BEARING THE SAME TITLE AND LOCATED IN THE SAME SPOT ORGANIZATIONALLY AS THE CAF-12 POSITION, WAS CONSIDERED AS AN OUTGROWTH OF THE CAF-12 POSITION WITH INCREASED RESPONSIBILITY. (D) EMPLOYEE MET ALL CONDITIONS FOR MANDATORY RESTORATION AND WAS RESTORED TO THE CAF-13POSITION ON NOV. 23, 1945.

QUESTION 1: IN RESTORING SUCH EMPLOYEES TO DUTY, (1) SHOULD THEY BE RESTORED AT THE ENTRANCE LEVEL OF THE HIGHER GRADE, OR (2) SHOULD THEY BE RESTORED IN THE HIGHER GRADE AT SUCH STEP AS WOULD GIVE THEM CREDIT FOR ALL MILITARY SERVICE, OR (3) AT SUCH STEP IN THE HIGHER GRADE AS WOULD GIVE THEM CREDIT FOR ALL MILITARY SERVICE SINCE THE DATE OF THE BEGINNING OF THE PAY PERIOD IN WHICH THE POSITION WAS ALLOCATED TO THE HIGHER GRADE?

QUESTION 2: WOULD YOUR ANSWER TO QUESTION 1 BE THE SAME IF THIS EMPLOYEE HAD BEEN RESTORED TO AN ENTIRELY DIFFERENT CAF-13 POSITION, EVEN THOUGH THE CAF-13 POSITION WHICH WAS AN OUTGROWTH OF HIS CAF-12 POSITION EXISTED AT THE TIME HE APPLIED FOR RESTORATION?

QUESTION 3: IF THE EMPLOYEE WERE RESTORED NOV. 23, 1945, AT $6,440 (THE SECOND STEP OF GRADE CAF-13) BASED ON MILITARY SERVICE FROM MAY 26, 1943, WOULD HE BE ENTITLED TO ANOTHER STEP AT THE BEGINNING OF THE NEXT PAY PERIOD FOLLOWING 18 MONTHS OF SERVICE FROM NOV. 23, 1945, OR FOLLOWING 18 MONTHS OF SERVICE FROM JULY 1, 1945--- THE DATE THAT THE INCREASE OF ONE STEP WOULD HAVE BEEN EARNED, BASED ON SERVICE FROM MAY 26, 1943?

QUESTION 4: IF THE EMPLOYEE WERE RESTORED NOV. 23, 1945 AT $6,230 (THE INITIAL STEP OF GRADE CAF-13), WOULD HE BE ENTITLED TO A WITHIN GRADE ADVANCEMENT AT THE BEGINNING OF THE NEXT PAY PERIOD FOLLOWING 18 MONTHS OF SERVICE FROM NOV. 1, 1944--- THE EFFECTIVE DATE OF THE RECLASSIFICATION OF HIS POSITION TO CAF-13?

ONE OF THE CONDITIONS PRECEDENT TO A PERIODIC WITHIN-GRADE SALARY ADVANCEMENT WHICH WAS NOT WAIVED WITH RESPECT TO RETURNING VETERANS IS THAT CONTAINED IN SECTION 402 (B) (1) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, 59 STAT. 299, NAMELY,"THAT NO EQUIVALENT INCREASE IN COMPENSATION FROM ANY CAUSE WAS RECEIVED DURING SUCH PERIOD.' IT IS ASSUMED FROM THE STATEMENT OF FACTS, FOR THE PURPOSE OF ANSWERING QUESTION 1, THAT THE INCREASED RESPONSIBILITY HAD ATTACHED TO THE INVOLVED POSITION PRIOR TO THE EMPLOYEE'S ENTRANCE INTO THE MILITARY SERVICE. IN 24 COMP. GEN. 816, IT WAS HELD, QUOTING FROM THE SYLLABUS:

WHERE, DUE TO A GRADUAL ACCRETION OF DUTIES AND RESPONSIBILITIES OR A REVALUATION OF THOSE PRESENTLY ASSIGNED, AN EMPLOYEE'S POSITION IS ALLOCATED TO A NEW GRADE UNDER THE CLASSIFICATION ACT, THE INCREASE IN COMPENSATION OF THE EMPLOYEE, OTHERWISE ELIGIBLE, RESULTING FROM THE REALLOCATION BECOMES EFFECTIVE BEGINNING WITH THE PAY PERIOD CURRENT WHEN NOTICE OF THE FINAL ACTION OF THE CIVIL SERVICE COMMISSION IS RECEIVED IN THE ADMINISTRATIVE OFFICE. A CHANGE IN COMPENSATION FROM $4,600 IN CAF-12 TO $5,600 IN CAF-13 WOULD CONSTITUTE FIVE EQUIVALENT INCREASES, THUS ELIMINATING FROM CONSIDERATION FOR WITHIN-GRADE SALARY ADVANCEMENT PURPOSES ANY CREDIT FOR SERVICE PRIOR TO NOVEMBER 1, 1944, THE EFFECTIVE DATE OF THE ALLOCATION OR REALLOCATION IN THIS CASE, AND ENTITLES THE EMPLOYEE UPON HIS RESTORATION TO COUNT SERVICE ONLY AFTER NOVEMBER 1, 1944, TOWARD WITHIN-GRADE SALARY ADVANCEMENT. 18 COMP. GEN. 794; 25 ID. 419. IN ANSWER TO QUESTION 1, UPON RESTORATION TO DUTY NOVEMBER 23, 1945, THIS EMPLOYEE PROPERLY WAS ENTITLED TO THE PRESENT ENTRANCE SALARY IN CAF- 13 AS HE HAD NOT COMPLETED 18 MONTHS SERVICE SINCE THE LAST EQUIVALENT INCREASE ( NOVEMBER 1, 1944), TO ENTITLE HIM TO ANY HIGHER RATE. WITH RESPECT TO QUESTION 2, IF THE EMPLOYEE HAD BEEN RESTORED TO AN ENTIRELY DIFFERENT POSITION IN GRADE CAF-13, THE RESTORATION TO THAT POSITION IN SAID GRADE WOULD RESULT IN A PROMOTION, IN WHICH EVENT THE EMPLOYEE WOULD BE ENTITLED TO COUNT SERVICE ONLY FROM THE DATE OF HIS REEMPLOYMENT. VIEW OF THE ANSWERS TO QUESTIONS 1 AND 2, NO ANSWER TO QUESTION 3 IS NECESSARY. QUESTION 4 IS ANSWERED IN THE AFFIRMATIVE.

CASE NO. 2

(A) EMPLOYEE WAS PROMOTED FROM CAF-9, $3,200, TO CAF-11, $3,800, OCT. 1942, AS CHIEF OF APPOINTMENT AND PLACEMENT SECTION;

(B) HE WAS PLACED ON LEAVE WITHOUT PAY TO ENTER THE ARMED FORCES FEB. 17, 1943;

(C) WHILE ON MILITARY LEAVE, A REORGANIZATION TOOK PLACE IN WHICH THE POSITION OF CHIEF OF APPOINTMENT AND PLACEMENT SECTION WAS ABOLISHED AND WAS SUPERSEDED BY THE POSITION OF CHIEF, PLACEMENT SECTION. THIS NEW POSITION WAS ALLOCATED TO CAF-12, JULY 18, 1944. THE CAF-12 POSITION IS SOMEWHAT DIFFERENT IN CHARACTER AND SCOPE OF ACTIVITIES FROM THE CAF-11 POSITION WHICH THIS EMPLOYEE LEFT, BUT IS NEVERTHELESS A DEVELOPMENT OF HIS CAF-11 POSITION.

(D) EMPLOYEE MET ALL CONDITIONS FOR MANDATORY RESTORATION WAS RESTORED TO THE CAF-12 POSITION ON NOV. 28, 1945.

QUESTION 1: SAME AS QUESTION 1 UNDER CASE NO. 1.

QUESTION 2; WOULD THE FACT THAT THE CAF-1W POSITION IN CASE NO. 2 IS A CHANGED POSITION IN A REVISED ORGANIZATION, RATHER THAN ESSENTIALLY THE SAME POSITION AS WAS THE SITUATION IN CASE NO. 1, AFFECT YOUR ANSWERS TO QUESTIONS 3 AND 4 ON CASE NO. 1 IF THEY WERE APPLIED TO CASE NO. 2?

IT WOULD APPEAR FROM YOUR STATEMENT OF FACTS IN THIS CASE THAT THE DUTIES AND RESPONSIBILITIES OF THE POSITION TO WHICH THIS EMPLOYEE RETURNED DIFFERED FROM THE DUTIES ACTUALLY PERFORMED BY HIM IN GRADE CAF-11. THAT VIEW, THE NEW POSITION, CAF-12, WAS NOT AN ALLOCATION OR REALLOCATION OF HIS FORMER POSITION AND HIS RESTORATION TO THE NEW POSITION WOULD BE FOR CONSIDERING AS A PROMOTION RATHER THAN A REALLOCATION AND EFFECTIVE FROM THE DATE OF THE EMPLOYEE'S REEMPLOYMENT. THE INITIAL SALARY RATE IN GRADE CAF-12 AFTER JULY 1, 1945, IS $5,180, WHILE THE RATE FOR THE POSITION IN GRADE CAF-11, FORMERLY HELD BY HIM, AS INCREASED BY THE FEDERAL EMPLOYEES PAY ACT OF 1945, IS $4,300, THE DIFFERENCE BEING THE EQUIVALENT OF FOUR WITHIN GRADE PROMOTIONS WHICH WOULD ELIMINATE FROM CONSIDERATION FOR WITHIN GRADE SALARY ADVANCEMENT PURPOSES ALL CREDIT FOR CIVIL OR MILITARY SERVICE RENDERED SINCE OCTOBER 16, 1942, THE DATE OF HIS PREVIOUS EQUIVALENT INCREASE AND, ACCORDINGLY, HIS REEMPLOYMENT IN GRADE CAF-12 WOULD BE REQUIRED TO BE MADE AT THE ENTRANCE SALARY OF THAT GRADE. CREDIT FOR FUTURE WITHIN-GRADE SALARY ADVANCEMENTS WOULD RUN FROM THE DATE OF HIS REEMPLOYMENT. ANSWERS TO QUESTIONS 2 AND 4 IN CASE NO. 1 ARE EQUALLY APPLICABLE HERE.

CASE NO. 3

(A) INDIVIDUAL WAS EMPLOYED IN A CAF-13 POSITION IN ANOTHER AGENCY, EFFECTIVE MAY 16, 1937;

(B) FROM A CAF-13 POSITION IN THAT AGENCY HE ENTERED THE ARMED FORCES NOV. 7, 1940;

(C) UPON HIS RETURN FROM MILITARY SERVICE, HE ENTERED THE EMPLOYMENT, NOT OF THE AGENCY HE LEFT, BUT OF THE CIVIL SERVICE COMMISSION, IN A P-7 POSITION, ON NOV. 1, 1945.

QUESTION 1: IN PLACING THIS EMPLOYEE ON DUTY, SHOULD HE HAVE BEEN PAID AT THE INITIAL STEP OF P-7 ($7,175), OR AT $7,700, THE STEP OF THE GRADE WHICH WOULD GIVE HIM CREDIT FOR ALL OF HIS MILITARY SERVICE SINCE NOV. 7, 1940?

QUESTION 2: IF THE ANSWER TO QUESTION 1 IS THAT THIS EMPLOYEE SHOULD HAVE BEEN ENTERED ON DUTY IN THE CIVIL SERVICE COMMISSION NOV. 1, 1945, IN P-7 AT THE $7,700 LEVEL, WOULD THE WAITING PERIOD FOR FUTURE WITHIN-GRADE SALARY ADVANCEMENTS BEGIN WITH NOV. 1, 1945, OR JULY 1, 1945--- THE DATE THAT THE INCREASES TO $7,700 WOULD HAVE BEEN EARNED, BASED ON SERVICE FROM NOV. 7, 1940?

QUESTION NO. 1 IN THIS CASE ALSO REFLECTS THE FAILURE TO GIVE CONSIDERATION TO THE CONDITIONS PRECEDENT TO A WITHIN-GRADE PROMOTION IN THE POSITION TO WHICH A VETERAN IS RESTORED, THAT IS, THAT HE HAS NOT HAD AN EQUIVALENT WITHIN-GRADE PROMOTION WITHIN THE PERIOD FOR WHICH CREDIT TOWARD WITHIN-GRADE SALARY ADVANCEMENT IS NOW CLAIMED. FURTHER, DEFINITE ANSWERS CANNOT BE GIVEN IN THIS CASE IN THE ABSENCE OF A STATEMENT OF THE DATE OF THE LAST WITHIN-GRADE SALARY ADVANCEMENT, IF ANY, THAT THIS EMPLOYEE HAD IN THE POSITION OF CAF-13 HELD BY HIM, AS THE WAIVER OF COMPLIANCE WITH PARAGRAPHS 2 AND 3 OF SUBSECTION (B) OF SECTION 402 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, APPLIES ONLY TO CREDIT FOR MILITARY SERVICE, MERCHANT MARINE SERVICE, OR WAR TRANSFER SERVICE.

CASE NO. 4

(A) EMPLOYEE WAS PROMOTED FROM P-4, $3,800, TO CAF-12, $4,600, JULY 2, 1940;

(B) HE WAS PLACED ON LEAVE WITHOUT PAY TO ENTER THE ARMED FORCES OCT. 29, 1942;

(C) DURING HIS ABSENCE IN THE MILITARY SERVICE, HIS CAF-12 POSITION WAS ABOLISHED;

(D) EMPLOYEE MET ALL CONDITIONS FOR MANDATORY RESTORATION AND ON MARCH 4, 1946, WAS RESTORED AT GRADE CAF-13 IN AN ENTIRELY DIFFERENT POSITION FROM HIS FORMER CAF-12 POSITION.

QUESTION 1: IN RESTORING THIS EMPLOYEE ON MARCH 4, 1946, SHOULD HE HAVE BEEN RESTORED AT THE INITIAL STEP OF CAF-13, $6,230, OR AT $6,440, THE STEP OF THE GRADE WHICH WOULD GIVE HIM CREDIT FOR ALL OF HIS MILITARY SERVICE SINCE OCT. 29, 1942?

QUESTION 2: WHEN DOES THE WAITING PERIOD FOR FUTURE WITHIN-GRADE SALARY ADVANCEMENTS BEGIN?

AS THE INITIAL SALARY RATE IN CAF-13, $6,230, IS $1,000 MORE THAN THE EMPLOYEE'S FORMER SALARY AS INCREASED BY THE FEDERAL EMPLOYEES PAY ACT OF 1945, THIS CONSTITUTED THE EQUIVALENT OF FIVE WITHIN-GRADE ADVANCEMENTS, AND THUS ELIMINATES FROM CONSIDERATION ALL CIVIL AND MILITARY SERVICE BETWEEN JULY 2, 1940, AND THE DATE OF HIS RESTORATION TO DUTY. ACCORDINGLY, IN ANSWER TO QUESTION 1, THIS EMPLOYEE WAS ENTITLED ONLY TO THE INITIAL SALARY RATE IN CAF-13. ANSWERING QUESTION 2, THE WAITING PERIOD FOR FUTURE WITHIN-GRADE SALARY ADVANCEMENTS WOULD BEGIN FROM THE DATE OF HIS RESTORATION TO DUTY.

CASE NO. 5

(A) EMPLOYEE WAS PROMOTED FROM CU-2 TO CU-3, $1,200, NOV. 14, 1940;

(B) HE WAS PLACED ON LEAVE WITHOUT PAY TO ENTER THE ARMED FORCES MAY 23, 1942;

(C) HE WAS ENTITLED TO A CHANGE IN GRADE AND SALARY TO CPC-3, $1,320, AUG. 1, 1942, IN ACCORDANCE WITH P.L. 694; A WITHIN-GRADE ADVANCEMENT APRIL 1, 1944, TO CPC-3, $1,380; AN ADDITIONAL WITHIN GRADE ADVANCEMENT TO CPC-3, $1,704, JULY 1, 1945;

(D) EMPLOYEE WAS DISCHARGED FROM MILITARY SERVICE SEPT. 28, 1945, BUT FAILED TO APPLY FOR RESTORATION WITHIN THE 90-DAY PERIOD AS CALLED FOR IN THE SELECTIVE TRAINING AND SERVICE ACT OF 1940;

(E) EMPLOYEE WAS SEPARATED FROM THE ROLLS OF THE CIVIL SERVICE COMMISSION COB FEB. 21, 1946;

(F) EMPLOYEE WAS SUBSEQUENTLY APPOINTED IN THE CIVIL SERVICE COMMISSION TO A CPC-3 POSITION MARCH 27, 1946.

QUESTION 1: SHOULD THIS EMPLOYEE HAVE BEEN RESTORED AT THE INITIAL STEP OF CPC-3, $1,572, OR AT $1,704, THE STEP OF THE GRADE WHICH WOULD GIVE HIM CREDIT FOR ALL OF HIS MILITARY SERVICE SINCE MAY 23, 1942?

QUESTION 2: IF THE ANSWER TO QUESTION 1 IS THAT THIS EMPLOYEE SHOULD HAVE BEEN ENTERED ON DUTY MARCH 27, 1946, IN CPC-3 AT THE $1,704 LEVEL, WOULD THE WAITING PERIOD FOR FUTURE WITHIN-GRADE SALARY ADVANCEMENTS BEGIN WITH MARCH 27, 1946, OR WITH JULY 1, 1945--- THE DATE THAT THE INCREASE TO $1,704 WOULD HAVE BEEN EARNED, BASED ON SERVICE FROM MAY 23, 1942?

QUESTION 3: IF THE ANSWER TO QUESTION 2 IS THAT THE WAITING PERIOD FOR FUTURE WITHIN-GRADE SALARY ADVANCEMENTS BEGINS JULY 1, 1945, WOULD ALL THE PERIOD BETWEEN SEPT. 28, 1945, AND MARCH 27, 1946 (EXCEPT 30 DAYS), BE EXCLUDED?

THE APPOINTMENT OF THIS EMPLOYEE IN THE CIVIL SERVICE COMMISSION TO THE POSITION IN GRADE CPC-3, MARCH 27, 1946, IS ASSUMED TO HAVE BEEN A PROPER RESTORATION OR REEMPLOYMENT "UNDER REGULATIONS OF THE CIVIL SERVICE COMMISSION OR THE PROVISIONS OF ANY LAW PROVIDING FOR RESTORATION OR EEMPLOYMENT" WITHIN THE MEANING OF THOSE WORDS AS USED IN SECTION 402 (B) (4), CONDITION C, OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AND, THEREFORE, ENTITLED THE EMPLOYEE TO CREDIT FOR HIS MILITARY SERVICE IRRESPECTIVE OF THE FACT THAT HIS MANDATORY RESTORATION RIGHTS UNDER THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, 54 STAT. 890, MAY HAVE EXPIRED. SEE, PARTICULARLY, PARAGRAPH 27.9 OF THE TEMPORARY CIVIL SERVICE REGULATIONS, VOL. 11, FED. REG. 1429. ACCORDINGLY, THIS EMPLOYEE SHOULD HAVE BEEN RESTORED IN GRADE CPC-3 AT $1,704 AS HE BECAME ENTITLED TO THAT RATE BY REASON OF HIS MILITARY SERVICE UP TO JULY 1, 1945, AND HE IS ENTITLED TO COUNT ALL MILITARY SERVICE AFTER THAT DATE AND ALL TIME IN A PAY STATUS UNDER HIS APPOINTMENT IN THE CIVIL SERVICE COMMISSION, TOWARD FUTURE WITHIN-GRADE SALARY ADVANCEMENTS. 25 COMP. GEN. 225. NO CREDIT CAN BE ALLOWED FOR ANY PORTION OF THE TIME THIS EMPLOYEE WAS SEPARATED FROM THE GOVERNMENT SERVICE AS THE PERIOD EXCEEDED 30 DAYS AND WAS COUPLED WITH A BREAK IN SERVICE. 22 COMP. GEN. 1104. QUESTIONS 1, 2, AND 3 ARE ANSWERED ACCORDINGLY. CASE NO. 6

EMPLOYEE WAS DEMOTED FROM GRADE CAF-3, $1,680 PER ANNUM TO CAF-2, $1,680 PER ANNUM, ON SEPTEMBER 4, 1940, AND RECEIVED A WITHIN-GRADE INCREASE TO $1,740 ON OCTOBER 1, 1941. HE WAS PLACED ON LEAVE WITHOUT PAY TO ENTER THE ARMED FORCES ON FEBRUARY 16, 1942. EMPLOYEE WAS DISCHARGED FROM MILITARY SERVICE MARCH 11, 1946, AND WAS REEMPLOYED IN A CAF-3 POSITION ON APRIL 11, 1946.

QUESTION 1: IN PLACING THIS EMPLOYEE ON DUTY, SHOULD HE HAVE BEEN PAID AT THE INITIAL RATE OF GRADE CAF-3, $1,902 PER ANNUM?

QUESTION 2: SHOULD HE HAVE BEEN PAID AT THE THIRD STEP OF GRADE CAF 3, $2,034, THE RATE WHICH CORRESPONDS TO HIS SALARY LEVEL IN THE POSITION HE LEFT IN CAF-2?

QUESTION 3: SHOULD HE HAVE BEEN PAID AT A RATE IN GRADE CAF-3 WHICH WOULD CREDIT HIM WITH THREE WITHIN-GRADE INCREASES BASED ON HIS MILITARY SERVICE, AND IF SO, WHAT IS THE RATE WHICH WOULD CREDIT HIM WITH THOSE INCREASES? $2,100, $2,166, OR $2,232?

IN THIS CASE, THE EMPLOYEE WAS ENTITLED TO CREDIT FOR ALL CIVIL AND MILITARY SERVICE RENDERED SINCE THE DATE OF HIS EQUIVALENT INCREASE, OCTOBER 1, 1941, OR THREE STEPS UP TO OCTOBER 1, 1945. 25 COMP. GEN. 225. IRRESPECTIVE OF HIS MILITARY SERVICE, IT WOULD HAVE BEEN PERMISSIBLE TO HAVE RESTORED THIS EMPLOYEE TO A SALARY RATE EQUAL TO THAT REACHED BY HIM AT THE TIME OF HIS SEPARATION FROM THE CIVIL SERVICE INCREASED BY THE FORMULA PRESCRIBED BY SECTION 405 (A) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, 59 STAT. 300, OR $2,034. 25 COMP. GEN. 230. ACCORDINGLY, IN ORDER TO GIVE PROPER CREDIT FOR PRIOR CIVIL AND MILITARY SERVICE, HE SHOULD HAVE BEEN RESTORED TO THE THIRD STEP ABOVE THAT RATE OR $2,232.