B-257666 May 15, 1995

B-257666: May 15, 1995

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Enclosed is a copy of our letter of today to Mr. Although he believes that he should not have been downgraded. While he states that others with medical disabilities were not downgraded as he was. Were laterally transferred to positions that allowed them to retain their grade. We concluded that he did not establish that the others were treated more favorably than he or that the determination made by the Air Force in 1983 in Mr. Davila's individual circumstances was improper. We are returning the correspondence you forwarded to us.

B-257666 May 15, 1995

The Honorable Phil Gramm United States Senator 2323 Bryan Street, #1500 Dallas, Texas 75201

Dear Senator Gramm:

This further responds to your correspondence of June 7, October 6 and December 14, 1994, concerning Mr. Tom L. Davila's appeal of our Claims Group's settlement Z-2869167, June 3, 1994, which denied his claim for backpay arising out of a downgrade he received while employed by the Air Force in 1983.

Enclosed is a copy of our letter of today to Mr. Davila further explaining why we may not allow his claim. Although he believes that he should not have been downgraded, Mr. Davila does not dispute that he voluntarily accepted the downgrade to a different position, under procedures provided for by regulations, because a permanent medical disability prevented him from performing his job. While he states that others with medical disabilities were not downgraded as he was, but were laterally transferred to positions that allowed them to retain their grade, we concluded that he did not establish that the others were treated more favorably than he or that the determination made by the Air Force in 1983 in Mr. Davila's individual circumstances was improper.

We trust this satisfies the purpose of your inquiry. As you requested, we are returning the correspondence you forwarded to us.

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