B-128269, AUG. 1, 1956

B-128269, AUG. 1, 1956

TO MR. ROBERT W. ASHENHURST:

YOUR RECENT LETTER REQUESTS RECONSIDERATION OF THAT PORTION OF THE VOUCHER SETTLEMENT DATED APRIL 13, 1956, WHICH DISALLOWED YOUR CLAIM FOR LOSS OF SALARY ON ACCOUNT OF YOUR DEMOTION ON DECEMBER 1, 1947, AS AN EMPLOYEE OF THE BOSTON NAVAL SHIPYARD.

THE RECORD SHOWS THAT YOU WERE REDUCED FROM YOUR POSITION OF LEADINGMAN ELECTRICIAN TO ELECTRICIAN ON SEPTEMBER 9, 1946, AND ADMINISTRATIVELY RESTORED TO THE HIGHER POSITION ON JUNE 9, 1947, FOLLOWING A DETERMINATION BY THE CIVIL SERVICE COMMISSION THAT YOUR DEMOTION DID NOT MEET THE MINIMUM REQUIREMENTS OF SECTION 14 OF THE VETERANS' PREFERENCE ACT OF 1944, 58 STAT. 387, 390. IN THE SETTLEMENT OF APRIL 13, 1956, OUR OFFICE AUTHORIZED PAYMENT TO YOU IN THE AMOUNT OF $444, REPRESENTING YOUR LOSS OF SALARY FOR THE ABOVE PERIOD OF DEMOTION.

ON DECEMBER 1, 1947, YOU WERE AGAIN DEMOTED AS A RESULT OF AN "ADJUSTMENT IN THE FORCE OF SUPERVISORS" AT THE BOSTON NAVAL SHIPYARD, AND THE DEMOTION REMAINED IN EFFECT UNTIL JULY 26, 1948, AT WHICH TIME YOU WERE SEPARATED BY RESIGNATION. IT APPEARS THAT YOU APPEALED THE SECOND DEMOTION TO THE CIVIL SERVICE COMMISSION AND THE APPEAL WAS DENIED. YOU SUBSEQUENTLY OBTAINED EMPLOYMENT AT THE NORFOLK NAVAL SHIPYARD, AND ON JULY 20, 1953, YOU RECEIVED A ROUTINE PROMOTION AT THAT SHIPYARD TO THE POSITION OF LEADINGMAN ELECTRICIAN APPARENTLY ON THE BASIS OF MERIT BUT NOT BY VIRTUE OF ANY DETERMINATION RESPECTING YOUR FORMER DEMOTION AT THE BOSTON NAVAL SHIPYARD ON DECEMBER 1, 1947. YOUR CLAIM FOR BACK PAY ON ACCOUNT OF THE DEMOTION ON DECEMBER 1, 1947, WAS DENIED IN OUR SETTLEMENT OF APRIL 13, 1956, INASMUCH AS THERE WAS NO INDICATION THAT SUCH DEMOTION WAS UNWARRANTED OR IMPROPER, OR VIOLATED YOUR RIGHTS UNDER THE VETERANS' PREFERENCE ACT.

IN REQUESTING REVIEW YOU STATE THAT YOU RESIGNED FROM THE BOSTON NAVAL SHIPYARD BECAUSE OF YOUR SECOND DEMOTION, AND THAT YOU BELIEVE YOU ARE ALSO ENTITLED TO BACK PAY FROM THE DATE OF THE DEMOTION, TO JULY 20, 1953, WHEN YOU AGAIN BECAME A LEADINGMAN ELECTRICIAN. YOU SAY THAT THERE IS A COURT DECISION SUBSTANTIATING YOUR VIEW. HOWEVER, YOU DO NOT FURNISH A CITATION TO THE DECISION TO WHICH YOU REFER.

YOU ARE ADVISED THAT THE "BACK PAY" PROVISIONS OF THE VETERANS' PREFERENCE ACT OF 1944, AS AMENDED BY THE ACT OF JUNE 10, 1948, 62 STAT. 354, CONTEMPLATE A RESTORATION OF AN EMPLOYEE TO HIS FORMER POSITION ON THE GROUND THAT HIS REMOVAL THEREFROM WAS FOUND BY THE CIVIL SERVICE COMMISSION TO BE UNJUSTIFIED OR UNWARRANTED.

THERE IS NOTHING IN THE RECORD TO SHOW THAT YOUR DEMOTION ON DECEMBER 1, 1947, WAS FOUND BY THE CIVIL SERVICE COMMISSION NOT TO BE IN ACCORDANCE WITH EXISTING LAW AND REGULATIONS, OR THAT THE COMMISSION ORDERED THAT YOU BE RESTORED TO THE POSITION FROM WHICH YOU WERE DEMOTED. THE FACT THAT YOU RESIGNED FROM THE BOSTON NAVAL SHIPYARD BECAUSE OF YOUR DEMOTION HAS NO BEARING ON THE CLAIM. FURTHERMORE, YOUR EMPLOYMENT AT THE NORFOLK NAVAL SHIPYARD WAS A SEPARATE AND DISTINCT EMPLOYMENT, AND YOUR EVENTUAL PROMOTION TO LEADINGMAN ELECTRICIAN AT THAT INSTALLATION DID NOT CONSTITUTE A RESTORATION TO YOUR FORMER POSITION AT THE BOSTON NAVAL SHIPYARD.

ACCORDINGLY, THE VOUCHER SETTLEMENT DATED APRIL 13, 1956, DISALLOWING YOUR CLAIM FOR BACK PAY AFTER DECEMBER 1, 1947, IS FOUND CORRECT AND IS SUSTAINED.