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B-152648, APR. 16, 1964

B-152648 Apr 16, 1964
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WATTS: WE HAVE FOR REVIEW THE CLAIM OF MR. ENOS FOR "BACK PAY" WAS ALLOWED BY OUR SETTLEMENT OF AUGUST 2. THE SETTLEMENT WAS SUSTAINED BY OUR DECISION OF DECEMBER 11. ENOS HAS SUBSEQUENTLY MAINTAINED THAT HE IS ENTITLED TO ADDITIONAL COMPENSATION AFTER MAY 17. UPON THE GROUND THAT HE WOULD HAVE EITHER BEEN CONVERTED TO A COMPETITIVE STATUS HAD HE NOT BEEN ERRONEOUSLY REMOVED FROM THE SERVICE OR OTHERWISE HAVE BEEN CONTINUED IN THE SERVICE SINCE HE WAS NOT SUBJECT TO ANY TRIAL OR PROBATIONARY PERIOD. THIS MATTER WAS DISCUSSED BY REPRESENTATIVES OF THIS OFFICE AND OF YOUR OFFICE. WHICH WAS BASED UPON FAVORABLE REPORT AND RECOMMENDATION DATED NOVEMBER 15. HENCE WE HAVE REQUESTED HIM TO FORWARD THAT CHECK TO THIS OFFICE FOR FURTHER CONSIDERATION. 4 CFR 32.3 (GAO MANUAL FOR GUIDANCE OF DEPARTMENTS AND AGENCIES.

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B-152648, APR. 16, 1964

TO MR. J. A. WATTS:

WE HAVE FOR REVIEW THE CLAIM OF MR. EDWARD S. ENOS FOR ADDITIONAL SALARY ALLEGED TO BE DUE HIM SUBSEQUENT TO JULY 30, 1955, BY VIRTUE OF THE PERSONNEL ACTION OF DECEMBER 3, 1956, SF 50, WHICH REPRESENTED AN AMENDMENT AND CORRECTION OF THE PRIOR ACTION OF DECEMBER 2, 1955, WHEREBY HE HAD BEEN SEPARATED AS AN EMPLOYEE OF THE AZORES AIR TRANSPORT STATION, ATLANTIC DIVISION, MATS, APO 406, NEW YORK, NEW YORK. AS AUTHORITY FOR THAT CORRECTIVE PERSONNEL ACTION, THE AGENCY CITES LETTER DATED OCTOBER 31, 1956, FROM HEADQUARTERS, U.S. AIR FORCE.

THE CLAIM OF MR. ENOS FOR "BACK PAY" WAS ALLOWED BY OUR SETTLEMENT OF AUGUST 2, 1963, TO THE EXTENT OF $4,296.21 (GROSS) OR $2,069.63 (NET) COVERING THE PERIOD JULY 25, 1955, THROUGH MAY 17, 1956. THE SETTLEMENT WAS SUSTAINED BY OUR DECISION OF DECEMBER 11, 1963, COPY HEREWITH. HOWEVER, MR. ENOS HAS SUBSEQUENTLY MAINTAINED THAT HE IS ENTITLED TO ADDITIONAL COMPENSATION AFTER MAY 17, 1956, UPON THE GROUND THAT HE WOULD HAVE EITHER BEEN CONVERTED TO A COMPETITIVE STATUS HAD HE NOT BEEN ERRONEOUSLY REMOVED FROM THE SERVICE OR OTHERWISE HAVE BEEN CONTINUED IN THE SERVICE SINCE HE WAS NOT SUBJECT TO ANY TRIAL OR PROBATIONARY PERIOD.

MR. ENOS' LETTERS TO US INDICATE THAT HE FURNISHED COPIES THEREOF TO YOUR OFFICE, AND THIS MATTER WAS DISCUSSED BY REPRESENTATIVES OF THIS OFFICE AND OF YOUR OFFICE. MR. ENOS' RECENT LETTERS TO US PRIMARILY QUESTION THE SETTLEMENT ACTION OF AUGUST 2, 1963, BY OUR CLAIMS DIVISION, WHICH WAS BASED UPON FAVORABLE REPORT AND RECOMMENDATION DATED NOVEMBER 15, 1962, FROM THE DIRECTORATE OF ADJUDICATION, AIR FORCE ACCOUNTING AND FINANCE CENTER, DENVER 5, COLORADO. HOWEVER, MR. ENOS SAYS HE HAS NOT CASHED THE FINANCE CENTER'S CHECK AND REQUESTS REVIEW OF THE SETTLEMENT ACTION; HENCE WE HAVE REQUESTED HIM TO FORWARD THAT CHECK TO THIS OFFICE FOR FURTHER CONSIDERATION. 4 CFR 32.3 (GAO MANUAL FOR GUIDANCE OF DEPARTMENTS AND AGENCIES, TITLE 4, SECTION 2065.30).

WE UNDERSTAND INFORMALLY THAT SOME DOUBT EXISTS IN THE DEPARTMENT OF THE AIR FORCE CONCERNING THE INTENT OF CERTAIN PERSONNEL ACTIONS UPON WHICH THE RECOMMENDATION OF NOVEMBER 15, 1962, AND OUR SETTLEMENT OF AUGUST 2, 1963, WERE PREDICATED.

THEREFORE, WE WOULD APPRECIATE YOUR FURNISHING US YOUR CURRENT VIEWS AND RECOMMENDATIONS IN THE MATTER INCLUDING A DISCUSSION OF THE POINTS RAISED BY MR. ENOS CONCERNING COMPETITIVE STATUS AND TRIAL PERIOD.

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