B-120094, JUN. 8, 1962
Highlights
YOUR CLAIM WAS DISALLOWED BY OUR SETTLEMENT OF MARCH 24. THAT SETTLEMENT ACTION WAS SUSTAINED FOR THE REASONS STATED IN OUR DECISION OF JULY 8. WE ARE UNAWARE OF ANY STATUTE IN EFFECT AT THE TIME OF YOUR REMOVAL THAT WOULD ENTITLE YOU TO COMPENSATION FOR PERIODS NOT WORKED. WAS NOT RETROACTIVE IN EFFECT. IS AFFIRMED.
B-120094, JUN. 8, 1962
MR. JOHN MADISON:
YOUR LETTER OF MAY 4, 1962, REQUESTS COMPENSATION FROM OCTOBER 18, 1945, TO DATE WHICH, YOU SAY, YOU LOST WHEN "ILLEGALLY REMOVED" FROM YOUR POSITION IN THE NAVY DEPARTMENT, BUREAU OF SUPPLIES AND ACCOUNTS. YOUR LETTER PRIMARILY CONCERNS THE ACTIONS OF THE CIVIL SERVICE COMMISSION AND THE COMMISSION'S INSTRUCTIONS UNDER CIVIL SERVICE RULE V, 5 C.F.R. 05.4, 2.106 AND 2.107; 5 U.S.C. 633/1/5.
OUR RECORDS SHOW THAT ON NOVEMBER 14, 1953, YOU SUBMITTED CLAIM FOR SALARY FROM OCTOBER 18, 1945, TO DECEMBER 29, 1949, BECAUSE OF YOUR REMOVAL BY NAVY DEPARTMENT PERSONNEL ACTION DATED OCTOBER 9,1945, EFFECTIVE OCTOBER 18, 1945. YOUR CLAIM WAS DISALLOWED BY OUR SETTLEMENT OF MARCH 24, 1954. THAT SETTLEMENT ACTION WAS SUSTAINED FOR THE REASONS STATED IN OUR DECISION OF JULY 8, 1954, B-120094, TO YOU. AS POINTED OUT IN THAT DECISION, WE ARE UNAWARE OF ANY STATUTE IN EFFECT AT THE TIME OF YOUR REMOVAL THAT WOULD ENTITLE YOU TO COMPENSATION FOR PERIODS NOT WORKED. THE ACT OF JUNE 10, 1948, 5 U.S.C. 652, WAS NOT RETROACTIVE IN EFFECT.
YOUR LETTER OF MAY 4, 1962, CONTAINS NO EVIDENCE NOT CONSIDERED IN OUR EARLIER DECISION TO YOU. THEREFORE, BASED UPON THE PRESENT RECORD, OUR DECISION OF JULY 8, 1954, IS AFFIRMED.