B-147083, DEC. 7, 1961

B-147083, DEC. 7, 1961

TO DEPARTMENT OF THE ARMY, OFFICE OF THE CHIEF OF ENGINEERS:

THIS REFERS TO THE REPORTED INDEBTEDNESS OF MISS REBECCA BLUM, YOUR REFERENCE ENGEP-CR, BECAUSE OF ALLEGED ERRONEOUS LONGEVITY STEP INCREASES GRANTED HER AS AN EMPLOYEE OF THE NEW YORK DISTRICT, CORPS OF ENGINEERS.

THE RECORD SHOWS THAT MISS BLUM WAS AN EMPLOYEE OF THE OFFICE OF TEMPORARY CONTROLS, CIVILIAN PRODUCTION ADMINISTRATION (FORMERLY WAR PRODUCTION BOARD) AND BECAUSE OF A REDUCTION IN FORCE SHE WAS PURPORTEDLY SEPARATED EFFECTIVE JUNE 28, 1947. MISS BLUM WAS REEMPLOYED ON AUGUST 12, 1947, BY THE WAR DEPARTMENT, OFFICE CHIEF OF STAFF, AND HAS CONTINUOUSLY BEEN IN GOVERNMENT SERVICE SINCE THAT DATE. A NOTIFICATION OF PERSONNEL ACTION ISSUED TO MISS BLUM, APPARENTLY IN JUNE 1947, UNDER NATURE OF ACTION SHOWS "FURLOUGH SEPARATION.' UNDER REMARKS THE FOLLOWING APPEARS:

"FURLOUGH AND SEPARATION BECAUSE OF REDUCTION IN FORCE, PURSUANT TO WRITTEN NOTICE OF FEBRUARY 28, 1947. END OF NOTICE PERIOD MARCH 31, 1947. TO REMAIN IN PAY STATUS THROUGH PERIOD OF ACCUMULATED ANNUAL LEAVE THROUGH CLOSE OF BUSINESS JUNE 28, 1947. UNUSED BALANCE OF ANNUAL LEAVE 51 HOURS THROUGH 3 HOURS JULY 9, 1947, FOR LUMP SUM PAYMENT. * * *"

MISS BLUM HAS FURNISHED A COPY OF A MEMORANDUM WHICH SHE SAID SHE RECEIVED WHEN SHE WAS ON ANNUAL LEAVE IN MAY OR JUNE 1947, WHICH READS AS FOLLOWS:

"TO: REBECCA BLUM

SECRETARY TO DIR. TRANS. AND FUELS BRANCH,

CAF-5, $2770.20

WASHINGTON, D.C.

"THIS IS TO NOTIFY YOU THAT ON THE BASIS OF EXEC. ORDER 9841 YOU HAVE BEEN TRANSFERRED FROM THE OFFICE OF TEMP. CONTROLS, CIVILIAN PROD. AD. TO THE DEPT. OF COMMERCE, BUREAU OF FOREIGN AND DOMESTIC COMMERCE, OFFICE OF MATERIALS DISTRIBUTION, TO COMPLETE PERIOD OF YOUR FURLOUGH.'

THIS WAS SIGNED BY RALPH L. TEMPLE, CHIEF ACCOUNTS AND AUDITS BRANCH, DIVISION OF ADMINISTRATIVE SERVICES. WHILE THE NOTIFICATION OF PERSONNEL ACTION IS NOT CLEAR WHETHER THERE WAS A FURLOUGH OR SEPARATION, IT WOULD APPEAR FROM THE ABOVE-QUOTED MEMORANDUM THAT IT WAS THE INTENTION OF THE OFFICE OF TEMPORARY CONTROLS TO PLACE MISS BLUM IN A FURLOUGH STATUS AND TRANSFER HER TO THE DEPARTMENT OF COMMERCE TO COMPLETE THE PERIOD OF HER FURLOUGH.

AT THE TIME OF MISS BLUM'S FURLOUGH THERE WAS IN EXISTENCE DEPARTMENTAL CIRCULAR NO. 581 (REVISED) DATED JANUARY 3 AND APRIL 29, 1947, ISSUED BY THE UNITED STATES CIVIL SERVICE COMMISSION WHICH AUTHORIZED AGENCIES AND DEPARTMENTS TO GIVE A YEARS NOTICE BEFORE SEPARATION COMPOSED OF AT LEAST 30 DAYS IN A DUTY AND PAY STATUS, IF POSSIBLE; A NONDUTY PERIOD WITH PAY FOR THE DURATION OF ANY ACCUMULATED ANNUAL LEAVE; AND THE BALANCE IN A FURLOUGH STATUS. ALSO, THE CIVIL SERVICE COMMISSION REGULATIONS IN EFFECT (SEE 5 CFR 1947 SUPPLEMENT, 25.231) PROVIDED THAT IN COMPUTING THE PERIODS OF SERVICE REQUIRED FOR WITHIN-GRADE SALARY ADVANCEMENTS THERE SHOULD BE CREDITED TO SUCH SERVICE THE FOLLOWING:

"/C) LEAVE WITHOUT PAY AND FURLOUGH, NOT TO EXCEED IN TOTAL THE EQUIVALENT OF TWENTY-TWO EIGHT-HOUR DAYS IN THE BASIC FORTY-HOUR WORKWEEKS, WITHIN THE PERIOD OF SERVICE REQUIRED FOR ONE PERIODIC WITH IN- GRADE ADVANCEMENT.

"/D) SERVICE RENDERED PRIOR TO ABSENCE DUE TO INVOLUNTARY SEPARATION, OR DUE TO FURLOUGH OR LEAVE WITHOUT PAY, WHERE NO SINGLE PERIOD OF SUCH ABSENCE IS IN EXCESS OF TWELVE MONTHS.'

THEREFORE, SINCE IT APPEARS THAT IT WAS THE INTENT OF THE OFFICE OF TEMPORARY CONTROLS TO PLACE MISS BLUM IN A FURLOUGH STATUS INSTEAD OF SEPARATING HER, THE RECORDS SHOULD BE CORRECTED TO SHOW HER IN A FURLOUGH STATUS FROM JULY 10, 1947, THE DAY AFTER THE END OF HER ANNUAL LEAVE, TO AUGUST 12, 1947, WHEN SHE WAS REEMPLOYED. ALSO, SHE SHOULD BE GIVEN CREDIT FOR 22 WORKDAYS TOWARDS A PERIODIC STEP INCREASE BEGINNING JULY 10, 1947, WHICH WOULD REQUIRE AN ADJUSTMENT OF THE RECORDS TO SHOW A PERIODIC STEP INCREASE DUE HER ON MAY 30, 1948. OF COURSE, THAT ADJUSTMENT WILL NECESSITATE OTHER ADJUSTMENTS IN THE DUE DATES OF LONGEVITY STEP INCREASES SO AS TO CANCEL OUT HER INDEBTEDNESS AND ENTITLE HER TO ADDITIONAL COMPENSATION FOR CERTAIN PERIODS AFTER FEBRUARY 1953.