B-127508, MAY 4, 1956

B-127508: May 4, 1956

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WHILE YOU WERE SUSPENDED FROM YOUR EMPLOYMENT WITH THE DEPARTMENT OF THE ARMY HAS BEEN FORWARDED TO OUR OFFICE FOR CONSIDERATION AND REPLY. YOU WERE REMOVED FROM YOUR POSITION BY ADMINISTRATIVE ACTION. YOU WERE RESTORED ON JANUARY 11. FOLLOWING A DETERMINATION BY THE DEPARTMENT OF THE ARMY THAT YOUR REMOVAL WAS UNWARRANTED. FURTHER APPEARS THAT YOU ARE A NONVETERAN. YOUR CLAIM WAS DISALLOWED BECAUSE THE COMPENSATION OR . - ARE LIMITED TO PERSONS IN THE CLASSIFIED CIVIL SERVICE. IS DESIGNATED AS AN AMENDMENT TO THE ORIGINAL LLOYD LAFOLLETTE ACT OF 1912. THE PLAIN LITERAL MEANING OF THE LANGUAGE USED IN THE AMENDING ACT OF 1948 IS SUFFICIENT. " IT WAS. THAT IS. IT IS EVIDENT THAT UNDER THE ABOVE-QUOTED DECISION OF THE COURT OF CLAIMS THAT YOU WOULD NOT BE ENTITLED TO PAYMENT UNDER THE 1948 STATUTE FOR THE PERIOD OF YOUR SEPARATION.

B-127508, MAY 4, 1956

TO MRS. ROSIE B. ADAMS:

YOUR RECENT LETTER ADDRESSED TO THE OFFICE OF THE PRESIDENT OF THE UNITED STATES, REQUESTING REVIEW OF OUR SETTLEMENT OF JANUARY 5, 1956, WHICH DISALLOWED YOUR CLAIM FOR COMPENSATION FOR THE PERIOD SEPTEMBER 4, 1954, THROUGH JANUARY 10, 1955, WHILE YOU WERE SUSPENDED FROM YOUR EMPLOYMENT WITH THE DEPARTMENT OF THE ARMY HAS BEEN FORWARDED TO OUR OFFICE FOR CONSIDERATION AND REPLY.

THE RECORD SHOWS THAT ON SEPTEMBER 4, 1954, WHILE SERVING IN A NON COMPETITIVE INDEFINITE STATUS AS MILITARY PAY CLERK AT FORT GEORGE G. MEADE, MARYLAND, YOU WERE REMOVED FROM YOUR POSITION BY ADMINISTRATIVE ACTION. YOU WERE RESTORED ON JANUARY 11, 1955, FOLLOWING A DETERMINATION BY THE DEPARTMENT OF THE ARMY THAT YOUR REMOVAL WAS UNWARRANTED. FURTHER APPEARS THAT YOU ARE A NONVETERAN.

IN OUR SETTLEMENT OF JANUARY 5, 1955, YOUR CLAIM WAS DISALLOWED BECAUSE THE COMPENSATION OR ,BACK PAY" BENEFITS OF THE ACT OF AUGUST 24, 1912, AS AMENDED JUNE 10, 1948, 62 STAT. 354--- SO FAR AS THEY RELATE TO NONVETERANS--- ARE LIMITED TO PERSONS IN THE CLASSIFIED CIVIL SERVICE. CONCERNING THAT CONCLUSION, THE UNITED STATES COURT OF CLAIMS IN THE CASE OF ROBERT BROWN V. UNITED STATES, 122 C.CLS. 361, RULED AS FOLLOWS:

"THE ACT OF JUNE 10, 1948, CURRENTLY EMBODIES IN SECTION 652 (5 U.S.C. 652), IS DESIGNATED AS AN AMENDMENT TO THE ORIGINAL LLOYD LAFOLLETTE ACT OF 1912, SUPRA, WHICH HAD BEEN CLEARLY CONFINED IN ITS OPERATION TO FEDERAL EMPLOYEES WITHIN THE CLASSIFIED CIVIL SERVICE. THE PLAIN LITERAL MEANING OF THE LANGUAGE USED IN THE AMENDING ACT OF 1948 IS SUFFICIENT, WE BELIEVE, TO DESTROY ANY BELIEF THAT CONGRESS INTENDED TO ENLARGE THE APPLICATION OF THESE PROVISIONS. WHEN CONGRESS USED THE LANGUAGE IN THE FIRST SENTENCE OF SUBSECTION (A) THAT "NO PERSON IN THE CLASSIFIED CIVIL SERVICE SHALL BE REMOVED OR SUSPENDED WITHOUT PAY * * *," AND THEN WENT ON TO SPECIFY IN SUBSECTION (B) (1) THAT "ANY PERSON REMOVED OR SUSPENDED WITHOUT PAY UNDER SUBSECTION (A), * * *," IT WAS, WE THINK, DEFINING THE LIMITATIONS UPON THE APPLICABILITY OF THESE SUBSECTIONS. * * *"

SINCE YOU DID NOT ACQUIRE A STATUS IN THE CLASSIFIED CIVIL SERVICE UNTIL JANUARY 23, 1955, THAT IS, AFTER YOUR RESTORATION, IT IS EVIDENT THAT UNDER THE ABOVE-QUOTED DECISION OF THE COURT OF CLAIMS THAT YOU WOULD NOT BE ENTITLED TO PAYMENT UNDER THE 1948 STATUTE FOR THE PERIOD OF YOUR SEPARATION.

WE REGRET THAT THERE IS NO OTHER LAW UNDER WHICH YOUR CLAIM CAN BE CONSIDERED AND UNDER THE CIRCUMSTANCES OUR SETTLEMENT OF JANUARY 5, 1956, DISALLOWING YOUR CLAIM MUST BE AND IS SUSTAINED.

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