B-134559, JUN. 29, 1962
Highlights
WHICH WAS NOT FAVORABLY CONSIDERED BY THE ADMINISTRATIVE AGENCY. THE UNITED STATES ARMY SIGNAL SUPPLY AGENCY REPORTS THAT YOU WERE APPOINTED AS INSPECTOR (COMMUNICATION AND ELECTRONICS EQUIPMENT). YOU WERE SELECTED FROM A CERTIFICATE OF ELIGIBLES FROM THE BOARD OF U.S. THE ANNOUNCEMENT WAS AN UNASSEMBLED EXAMINATION UNDER WHICH APPLICANTS WERE NOT REQUIRED TO PASS A WRITTEN EXAMINATION. WERE RATED ON EXPERIENCE AND EDUCATIONAL BACKGROUNDS. ITEM 15 (E) WAS LEFT BLANK. THUS INDICATING THAT YOUR APPLICATION FOR EMPLOYMENT WAS NOT RESTRICTED TO ANY CERTAIN LOCATION. FOR THE REASON THAT YOU WERE "UNABLE TO ACCEPT OUT OF TOWN ASSIGNMENT.'. WHILE YOU STATE THAT YOUR RESIGNATION WAS "FORCED" THERE IS NO INDICATION THAT YOU WERE RESTORED TO DUTY AS A RESULT OF A TIMELY APPEAL FROM THE ACTION IN YOUR CASE.
B-134559, JUN. 29, 1962
TO MR. NOMEY E. DABNER:
THE OFFICE OF THE CHIEF SIGNAL OFFICER, DEPARTMENT OF THE ARMY HAS FORWARDED HERE YOUR TELEGRAM OF JUNE 3, 1962, WHICH APPARENTLY CONCERNS YOUR CLAIM FOR BACK PAY BELIEVED TO BE DUE AS AN EMPLOYEE OF THE UNITED STATES ARMY SIGNAL SUPPLY AGENCY, CHICAGO, ILLINOIS, DURING THE PERIOD DECEMBER 3, 1955 TO JUNE 24, 1957, WHICH WAS NOT FAVORABLY CONSIDERED BY THE ADMINISTRATIVE AGENCY. ALSO, THERE HAS BEEN FORWARDED A COPY OF YOUR LETTER OF JUNE 12, 1962, TOGETHER WITH CERTAIN DOCUMENTS PERTAINING TO YOUR CLAIM.
THE UNITED STATES ARMY SIGNAL SUPPLY AGENCY REPORTS THAT YOU WERE APPOINTED AS INSPECTOR (COMMUNICATION AND ELECTRONICS EQUIPMENT), GS 5, $3,410 PER ANNUM ON JANUARY 21, 1952. YOU WERE SELECTED FROM A CERTIFICATE OF ELIGIBLES FROM THE BOARD OF U.S. CIVIL SERVICE EXAMINERS, COMBINED PROCUREMENT OFFICES, CHICAGO, ILLINOIS, AFTER HAVING APPLIED FOR APPOINTMENT PURSUANT TO A CIVIL SERVICE ANNOUNCEMENT OF EXAMINATION FOR INDEFINITE APPOINTMENT ONLY TO THE POSITION OF INSPECTOR (COMMUNICATIONS AND ELECTRONICS EQUIPMENT), INSPECTOR (MECHANIC) OR INSPECTOR (CHEMICAL). THIS ANNOUNCEMENT MADE A CONDITION OF EMPLOYMENT THE WILLINGNESS OF APPLICANTS TO ACCEPT ASSIGNMENT WITHIN A LARGE GEOGRAPHIC AREA WITH POSSIBLE RELOCATION, AND/OR FREQUENT OR CONSTANT TRAVEL. THE ANNOUNCEMENT WAS AN UNASSEMBLED EXAMINATION UNDER WHICH APPLICANTS WERE NOT REQUIRED TO PASS A WRITTEN EXAMINATION, BUT WERE RATED ON EXPERIENCE AND EDUCATIONAL BACKGROUNDS.
ON STANDARD FORM 57, APPLICATION FOR FEDERAL EMPLOYMENT, EXECUTED BY YOU ON JANUARY 8, 1952, ITEM 15 (E) WAS LEFT BLANK, THUS INDICATING THAT YOUR APPLICATION FOR EMPLOYMENT WAS NOT RESTRICTED TO ANY CERTAIN LOCATION. STANDARD FORM 57 SUBMITTED ON JUNE 21, 1952, DURING THE PERIOD OF YOUR EMPLOYMENT, IN ORDER TO SECURE ELIGIBILITY FOR A HIGHER GRADED POSITION, YOU STATED IN ITEM 15 (E) THAT YOU WOULD ACCEPT APPOINTMENT ONLY IN CHICAGO, ILLINOIS, BUT WOULD CONSIDER FUTURE ASSIGNMENTS. APPARENTLY, WHEN YOU RECEIVED NOTICE OF A PROPOSED REASSIGNMENT TO A DUTY STATION AT SIOUX CITY, IOWA, YOU VOLUNTARILY SUBMITTED YOUR RESIGNATION, EFFECTIVE DECEMBER 2, 1955, FOR THE REASON THAT YOU WERE "UNABLE TO ACCEPT OUT OF TOWN ASSIGNMENT.'
WHILE YOU STATE THAT YOUR RESIGNATION WAS "FORCED" THERE IS NO INDICATION THAT YOU WERE RESTORED TO DUTY AS A RESULT OF A TIMELY APPEAL FROM THE ACTION IN YOUR CASE. YOUR EMPLOYMENT ON JUNE 24, 1957, AS AN ELECTRONIC AND COMMUNICATIONS EQUIPMENT INSPECTOR, WB-18, $2.85 PER HOUR, WAS THE RESULT OF SELECTION FOR NEW APPOINTMENT FROM A CIVIL SERVICE CERTIFICATE OF ELIGIBLES ISSUED BY A BOARD OF UNITED STATES CIVIL SERVICE EXAMINERS, DURING NORMAL RECRUITMENT, AND MAY NOT BE VIEWED AS A RESTORATION TO YOUR FORMER POSITION.
SINCE YOU WERE NOT RESTORED TO DUTY ON THE BASIS THAT YOUR RESIGNATION ON DECEMBER 2, 1955, WAS AN UNJUSTIFIED OR UNWARRANTED SEPARATION WITHIN THE MEANING OF THE ACT OF AUGUST 24, 1912, AS AMENDED BY THE ACT OF JUNE 10, 1948, 5 U.S.C. 652, THERE IS NO AUTHORITY FOR ALLOWANCE OF COMPENSATION TO YOU FOR THE PERIOD IN QUESTION.