B-148045, FEB. 12, 1962

B-148045, FEB. 12, 1962

TO MR. CHARLES R. WILTON:

YOUR LETTER OF JANUARY 17, 1961, REQUESTS RECONSIDERATION OF OUR SETTLEMENT OF DECEMBER 15, 1961, WHICH DISALLOWED YOUR CLAIM FOR COMPENSATION FOR THE PERIOD FEBRUARY 6 TO MARCH 4, 1960, FROM THE DEPARTMENT OF THE AIR FORCE. YOUR CLAIM WAS DISALLOWED BECAUSE YOU HAD RESIGNED EFFECTIVE FEBRUARY 5, 1960, SUCH RESIGNATION HAVING SEPARATED YOU FROM THE DEPARTMENT OF THE AIR FORCE, THUS AFFORDING NO BASIS FOR ALLOWANCE OF YOUR CLAIM FOR COMPENSATION FOR A PERIOD WHEN YOU WERE NOT AN EMPLOYEE AND DID NOT PERFORM SERVICES.

YOU SAY WE HAVE FAILED TO CONSIDER THE REASONS FOR YOUR RESIGNATION, WHICH WERE, IN EFFECT, THAT IT WAS NOT BENEFICIAL AT THE TIME FOR YOU TO REMAIN ON THE ROLLS FOR THE PERIOD FEBRUARY 6 TO MARCH 4, 1960; THAT HAD YOU CHOSEN TO REMAIN ON THE ROLLS FOR THAT PERIOD YOU WOULD HAVE BEEN ADMINISTRATIVELY REQUIRED TO TAKE ANNUAL LEAVE, WHICH ACTION YOU PROTESTED; THAT YOU DETERMINED IT BEST TO RESIGN IN VIEW OF YOUR FINANCIAL STATUS AND THE MENTAL ANGUISH CAUSED YOU AND YOUR FAMILY BY THE ADMINISTRATIVE ACTIONS TAKEN AGAINST YOU. YOU FURTHER CONTEND THAT WHETHER YOU REMAINED ON THE ROLLS AFTER FEBRUARY 5, 1960, DOES NOT ENTER INTO THE MATTER AT ALL.

YOU SEEM TO FEEL THAT BECAUSE FINAL ADMINISTRATIVE ACTION WAS TAKEN AFTER YOU RESIGNED TO CANCEL THE SUSPENSION AND YOU WERE ALLOWED COMPENSATION FOR THAT PERIOD, PLUS A LUMP-SUM PAYMENT FOR YOUR ANNUAL LEAVE AND REIMBURSEMENT FOR THE TRANSPORTATION FEES YOU ARE ALSO ENTITLED TO COMPENSATION FOR THE PERIOD FEBRUARY 6 TO MARCH 4, 1960, EVEN THOUGH YOU HAD VOLUNTARILY RESIGNED EFFECTIVE AT THE CLOSE OF BUSINESS FEBRUARY 5, 1960.

NONE OF THE ADMINISTRATIVE ACTIONS TAKEN SUBSEQUENT TO THE DATE OF YOUR RESIGNATION HAD THE EFFECT OF CANCELING YOUR RESIGNATION. BY SUCH RESIGNATION YOU VOLUNTARILY REMOVED YOURSELF FROM THE ROLLS. IN OUR DECISION 17 COMP. GEN. 806, WE HELD, IN PERTINENT PART, AS FOLLOWS:

"WHERE AN EMPLOYEE WAS SUSPENDED FROM DUTY AND PAY PENDING INVESTIGATION OF CHARGES AND IT IS DECIDED TO ACCEPT HIS RESIGNATION WITHOUT PREJUDICE, HIS SEPARATION IS VOLUNTARY * * *.'

WE ALSO HELD IN 16 COMP. GEN. 953, IN PERTINENT PART, THAT A VALID RESIGNATION UNCONDITIONALLY ACCEPTED TAKES EFFECT AND REMOVES AN EMPLOYEE FROM THE SERVICE.

FURTHER, WE DIRECT YOUR ATTENTION TO DENNING V. UNITED STATES, 132 CT.CL. 369, WHEREIN THE COURT OF CLAIMS HELD THAT IN THE ABSENCE OF A SPECIFIC STATUTE NO DEPARTMENT HAS THE POWER IN A TRANSPORTATION AGREEMENT AND CONDITIONS OF EMPLOYMENT, TO BIND THE GOVERNMENT TO COMPENSATE AN EMPLOYEE FOR A MINIMUM PERIOD OF 24 MONTHS BUT THAT SUCH AGREEMENT WAS ONLY A STATEMENT OF THE GOVERNMENT'S LIABILITY AS TO THE EMPLOYEE'S TRANSPORTATION EXPENSES. THE TRANSPORTATION EXPENSES DUE YOU HAVE BEEN PAID BY THE UNITED STATES GOVERNMENT.

IN VIEW OF THE FOREGOING COMMENTS, AND IRRESPECTIVE OF YOUR REASONS FOR RESIGNING, SINCE YOU DID RESIGN EFFECTIVE FEBRUARY 5, 1960, AND YOUR RESIGNATION WAS ADMINISTRATIVELY ACCEPTED, NO BASIS EXISTS FOR PAYMENT OF COMPENSATION FOR THE PERIOD FEBRUARY 6 TO MARCH 4, 1960, WHEN YOU WERE NOT AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE.