B-134559, AUG. 12, 1963
Highlights
INTERMINGLED IN A FILE OF CORRESPONDENCE RECEIVED WITH YOUR LETTER ARE DOCUMENTS CONCERNING (1) YOUR RESIGNATION FROM THE SERVICE IN DECEMBER 1955 WHICH WAS THE SUBJECT OF OUR DECISION OF JUNE 29. THE PROCEDURES AND PROVISIONS USED AS A BASIS FOR REMOVAL ARE IDENTICAL AND IRREGULAR.'. WE ARE NOT HERE CONCERNED WITH THE "PROCEDURES AND PROVISIONS USED ASA BASIS FOR REMOVAL" BECAUSE IN THE CASE OF YOUR SEPARATION DATED FEBRUARY 23. THERE IS EVIDENCE IN THE FORM OF A COPY OF A PERSONNEL ACTION INDICATING THAT YOU WERE RESTORED TO DUTY RETROACTIVE TO THE DATE OF SUCH SEPARATION. IS HEREBY AFFIRMED.
B-134559, AUG. 12, 1963
TO MR. MOMEY B. DABNER:
YOUR LETTER OF JULY 24, 1963, REQUESTS RECONSIDERATION OF OUR DECISION OF JUNE 29, 1962, WHICH DENIED YOUR CLAIM FOR BACK PAY BELIEVED TO BE DUE YOU AS AN EMPLOYEE OF THE UNITED STATES ARMY SIGNAL SUPPLY AGENCY, CHICAGO, ILLINOIS, DURING THE PERIOD DECEMBER 3, 1955, TO JUNE 24, 1957.
INTERMINGLED IN A FILE OF CORRESPONDENCE RECEIVED WITH YOUR LETTER ARE DOCUMENTS CONCERNING (1) YOUR RESIGNATION FROM THE SERVICE IN DECEMBER 1955 WHICH WAS THE SUBJECT OF OUR DECISION OF JUNE 29, 1962, AND (2) YOUR SEPARATION FROM A SECOND PERIOD OF REEMPLOYMENT IN FEBRUARY 1962 WHICH THE CIVIL SERVICE COMMISSION HELD TO BE IMPROPER AND WHICH RESULTED IN YOUR BEING RESTORED TO DUTY AND APPARENTLY RECEIVING BACK PAY COVERING THE PERIOD FEBRUARY 23, 1962, TO APRIL 3, 1962. YOU CONTEND THAT IN "BOTH CASES, THE PROCEDURES AND PROVISIONS USED AS A BASIS FOR REMOVAL ARE IDENTICAL AND IRREGULAR.'
WE ARE NOT HERE CONCERNED WITH THE "PROCEDURES AND PROVISIONS USED ASA BASIS FOR REMOVAL" BECAUSE IN THE CASE OF YOUR SEPARATION DATED FEBRUARY 23, 1962, THERE IS EVIDENCE IN THE FORM OF A COPY OF A PERSONNEL ACTION INDICATING THAT YOU WERE RESTORED TO DUTY RETROACTIVE TO THE DATE OF SUCH SEPARATION, WHEREAS, IN THE CASE OF YOUR FORMER SEPARATION IN DECEMBER 1955 NO SUCH RESTORATION OCCURRED, YOUR EMPLOYMENT ON JUNE 24, 1957, AS AN ELECTRONIC AND COMMUNICATIONS EQUIPMENT INSPECTOR, BEING 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. IN OUR DECISION OF JUNE 29, 1962, WE ADVISED YOU THAT YOUR APPOINTMENT OF JUNE 24, 1957, MAY NOT BE VIEWED AS A RESTORATION TO YOUR FORMER POSITION WITHIN THE MEANING OF THE ACT OF AUGUST 24, 1912, AS AMENDED BY THE ACT OF JUNE 10, 1948, 5 U.S.C. 652, SO AS TO ENTITLE YOU TO COMPENSATION FOR THE PERIOD IN QUESTION.
YOUR LETTER AND MATERIAL ENCLOSED DO NOT BRING TO THE FILE ANY INFORMATION NOT HERETOFORE CONSIDERED BY US. THEREFORE, UPON REVIEW, OUR DECISION OF JUNE 29, 1962, IS HEREBY AFFIRMED.