B-160977, JUN. 2, 1967

B-160977, JUN. 2, 1967

TO MR. RONALD SHERMAN:

THIS REFERS TO YOUR LETTER OF NOVEMBER 22, 1966, CONCERNING YOUR INDEBTEDNESS TO THE UNITED STATES GOVERNMENT BECAUSE OF YOUR VOLUNTARY RESIGNATION AS AN EMPLOYEE OF THE NAVAL AIR DEVELOPMENT CENTER.

BY LETTER OF MAY 4, 1967, WE ADVISED YOU THAT BEFORE DISPOSITION MAY BE MADE OF THE MATTER WE FOUND IT NECESSARY TO REQUEST A REPORT FROM THE DEPARTMENT OF THE NAVY. THAT REPORT HAS NOW BEEN RECEIVED IN OUR OFFICE. THE RECORD SHOWS THAT YOU SIGNED AN AGREEMENT ON JUNE 10, 1958, FOR TRAINING AT PRIVATE OR PUBLIC AGENCIES, FIRMS, OR EDUCATIONAL INSTITUTIONS WHICH PROVIDED IN PART AS FOLLOWS:

"UPON COMPLETION OF THE STUDENT ENGINEERING DEVELOPMENT TRAINING, ONE- HALF THE EXPENSES OF WHICH ARE BEING BORNE BY THE GOVERNMENT, I AGREE TO CONTINUE SERVING IN THE TYPE OF WORK TO WHICH MY TRAINING IS RELATED, AND AT THE U.S. NAVAL AIR DEVELOPMENT CENTER, FOR A MINIMUM PERIOD OF 18 MONTHS.

"IT IS UNDERSTOOD THAT RELEASE FROM THE TERMS OF THIS AGREEMENT CAN BE MADE ONLY WITH THE APPROVAL OF THE COMMANDING OFFICER OF THE U.S. NAVAL AIR DEVELOPMENT CENTER, AND THAT SUCH APPROVAL WILL NORMALLY BE CONTINGENT UPON MY REIMBURSING THE GOVERNMENT TO THE EXTENT OF ALL FINANCIAL ASSISTANCE FURNISHED.

"IT IS UNDERSTOOD THAT FINANCIAL ASSISTANCE WILL BE IN THE FORM OF REIMBURSEMENT, IN THE AMOUNT OF ONE-HALF OF THE COST OF TUITION, BOOKS, AND ACADEMIC FEES, UPON PRESENTATION BY ME OF EVIDENCE OF PAYMENT AND OF SATISFACTORY COMPLETION OF EACH TERM.'

UNDER THE ABOVE AGREEMENT YOU AGREED TO SERVE AT THE U.S. NAVAL AIR DEVELOPMENT CENTER FOR A MINIMUM PERIOD OF 18 MONTHS FOLLOWING THE COMPLETION OF YOUR STUDENT ENGINEERING DEVELOPMENT TRAINING. THE FILE INDICATES THAT YOU GRADUATED IN THE SPRING OF 1962 AND RECEIVED A BSEE DEGREE.

BY LETTER OF AUGUST 30, 1961, YOU SENT A MEMORANDUM TO THE DIRECTOR, AEEL WHICH READ AS OLLOWS:

"SUBJ: REQUEST FOR AUTHORIZATION TO COMPLETE GRADUATE WORK PRIOR TO SATISFACTION OF EMPLOYMENT OBLIGATIONS UNDER SED PROGRAM.

"1. I WILL RECEIVE A BSEE DEGREE IN MAY 1962 IN COMPLETION OF THE SED TRAINING PROGRAM. AT THAT TIME I WILL BE UNDER OBLIGATION TO WORK FOR THE GOVERNMENT FOR A PERIOD OF EIGHTEEN MONTHS.

"2. I HAVE A DEFINITE INTEREST IN OBTAINING A PHD DEGREE AND WOULD LIKE TO PURSUE THIS OBJECTIVE ON A FULL TIME BASIS IMMEDIATELY AFTER COMPLETION OF MY UNDERGRADUATE STUDY. I WOULD LIKE TO FULFILL MY OBLIGATION TO THE GOVERNMENT IMMEDIATELY AFTER I HAVE OBTAINED MY PHD DEGREE.

"3. MY PLANS ARE TO OBTAIN THE PHD DEGREE WITH PERSONAL FINANCES, BUT SUMMER EMPLOYMENT BY THE GOVERNMENT WOULD PROVE HELPFUL.

"4. IT IS REQUESTED, THEREFORE, THAT I BE GIVEN AUTHORIZATION TO PURSUE A PROGRAM OF STUDY LEADING TO A PHD DEGREE AND THAT THE FULFILLMENT OF MY WORK OBLIGATION BE POSTPONED UNTIL AFTER I HAVE OBTAINED MY PHD DEGREE.

"5. IS IS FURTHER REQUESTED THAT I BE GIVEN SUMMER EMPLOYMENT WHILE PURSUING MY GRADUATE DY.'

IN THIS MEMORANDUM YOU ACKNOWLEDGED THE FACT THAT UPON YOUR GRADUATION YOU WERE OBLIGATED TO A PERIOD OF 18 MONTHS SERVICE AND REQUESTED THAT YOU BE PERMITTED TO FULFILL YOUR OBLIGATION TO THE GOVERNMENT AFTER YOU HAVE OBTAINED YOUR PHD DEGREE. YOU ALSO REQUESTED THAT YOU BE GIVEN SUMMER EMPLOYMENT WHILE PURSUING YOUR GRADUATE STUDY, BUT NO MENTION WAS MADE THAT YOU RECEIVE CREDIT FOR SUCH SUMMER EMPLOYMENT TOWARD YOUR OBLIGATED SERVICES.

ON MARCH 21, 1962, A LETTER WAS ADDRESSED TO YOU WHICH PROVIDED AS FOLLOWS:

"YOUR MEMORANDUM OF 30 AUGUST 1961 REQUESTING THE DEFERMENT OF YOUR OBLIGATED PERIOD OF EMPLOYMENT IN ORDER TO PURSUE AN ADVANCED DEGREE HAS BEEN CONSIDERED BY COGNIZANT CENTER AUTHORITIES. YOUR REQUEST IS APPROVED AND YOUR OBLIGATED PERIOD OF EMPLOYMENT WILL BE DEFERRED SUBJECT TO THE CONDITIONS OUTLINED BELOW:

"A. ACCEPTANCE INTO AN ADVANCED DEGREE PROGRAM AT AN ACCREDITED COLLEGE OR UNIVERSITY.

"B. YOU WILL BE EXPECTED TO RETURN TO DUTY DURING EACH NON-ACADEMIC PERIOD IN WHICH YOUR PRESENCE IS NOT REQUIRED AT SCHOOL. THIS IS NOT INTENDED TO INCLUDE SUCH PERIODS AS EASTER OR CHRISTMAS VACATIONS; IT MUST BE OF SUFFICIENT DURATION TO PERMIT PRODUCTIVE EMPLOYMENT.

"C. SUCH SHORT PERIODS OF EMPLOYMENT WILL NOT REDUCE YOUR TOTAL PERIOD OF OBLIGATED MPLOYMENT; THE DISCHARGE OF YOUR OBLIGATED EMPLOYMENT WILL COMMENCE UPON RECEIPT OF YOUR ADVANCED DEGREE AND YOUR RETURN TO FULL-TIME PROFESSIONAL EMPLOYMENT, OR, SHOULD YOU CEASE YOUR GRADUATE STUDIES AT ANY TIME, UPON YOUR RETURN TO FULL-TIME PROFESSIONAL EMPLOYMENT.

"IT IS THE POLICY OF THE CENTER TO ENCOURAGE ADVANCED EDUCATION, AND WE CONGRATULATE YOU UPON YOUR INTEREST AND INITIATIVE IN CONTINUING YOUR EDUCATION.'

WHILE YOU CONTEND THAT YOU DID NOT SEE THE ABOVE-QUOTED LETTER UNTIL 1964 OR 1965, THE NAVY DEPARTMENT REPORTS THAT IT IS INCONCEIVABLE THAT YOU WOULD HAVE GONE THROUGH THE REQUIRED CHECK-OUT PROCEDURE TO RETURN TO COLLEGE WITHOUT KNOWLEDGE THAT YOUR REQUEST FOR LEAVE WITHOUT PAY WAS APPROVED, AND THAT YOU WOULD REMAIN AN EMPLOYEE IN GOOD STANDING. HOWEVER, REGARDLESS OF WHETHER SUCH LETTER WAS RECEIVED BY YOU IT SEEMS REASONABLE TO CONCLUDE THAT YOU WERE GRANTED LEAVE WITHOUT PAY TO CONTINUE YOUR EDUCATION IN ACCORDANCE WITH THE TERMS OF YOUR PROPOSAL REFERRED TO ABOVE.

YOU ALSO SAY THAT YOU WERE ASSIGNED TO WORK WHICH WAS NOT RELATED TO YOUR TRAINING AND THAT YOU WERE QUALIFIED FOR A HIGHER GRADE POSITION THAN THE ONE TO WHICH APPOINTED. THE NAVY DEPARTMENT REPORTS THAT YOU RETURNED TO DUTY AS AN ELECTRICAL ENGINEER, GRADE GS-7, UPON RECEIPT OF YOUR BACHELOR OF SCIENCE DEGREE. BECAUSE OF YOUR RETURN TO GRADUATE SCHOOL, YOU WERE PLACED ON APPROVED LEAVE WITHOUT PAY TO CONTINUE YOUR STUDIES IN SEPTEMBER 1962. UPON YOUR RETURN TO DUTY IN JUNE 1963 YOU WERE REASSIGNED TO A POSITION IN THE ANTI-SUBMARINE WARFARE LABORATORY TO MORE EFFECTIVELY UTILIZE YOUR SERVICES. YOU DID NOT MEET THE QUALIFICATIONS REQUIREMENTS FOR PROMOTION TO GRADE GS-9 AT THAT TIME SINCE YOU DID NOT POSSESS ONE YEAR OF PROFESSIONAL ENGINEERING EXPERIENCE AT THE GRADE GS-7 LEVEL, AND YOUR EDUCATION AT THAT TIME DID NOT QUALIFY YOU BEYOND THE GRADE GS-7 LEVEL. UPON YOUR REQUEST YOU WERE AGAIN GRANTED LEAVE WITHOUT PAY, EFFECTIVE SEPTEMBER 1963, TO FURTHER YOUR STUDIES AND LATER RETURNED TO DUTY IN JUNE 1964 AT THE SAME PAY LEVEL. IN SEPTEMBER 1964 YOU WERE PLACED ON LEAVE WITHOUT PAY AND RETURNED TO DUTY IN APRIL 1965. YOU COULD HAVE BEEN PROMOTED TO GRADE GS-9 DURING EITHER OF THOSE TWO SUMMER WORK PERIODS BECAUSE OF A CHANGE IN QUALIFICATIONS REQUIREMENTS. HOWEVER, TO BE ELIGIBLE FOR A NON-COMPETITIVE CAREER PROMOTION, AN EMPLOYEE MUST NOT ONLY MEET THE QUALIFICATIONS REQUIREMENTS BUT MUST ALSO BE RECOMMENDED FOR PROMOTION BY HIS SUPERVISOR, HIS PROMOTION MUST BE APPROVED BY HIGHER AUTHORITY AND THE DUTIES WHICH WOULD BE PERFORMED BY THE INDIVIDUAL MUST WARRANT A HIGHER GRADE LEVEL. YOU DID NOT REMAIN AT WORK FOR A SUFFICIENT LENGTH OF TIME TO BE ASSIGNED DUTIES WHICH WOULD WARRANT A HIGHER CLASSIFICATION RATING. A REVIEW OF THE RECORDS OF THE BOARD OF U.S. CIVIL SERVICE EXAMINERS AT THE ACTIVITY WHERE YOU WERE EMPLOYED INDICATES THAT YOU HAD RECEIVED ELIGIBILITY FOR ELECTRICAL ENGINEER, GRADE GS-7 IN 1962. THEY HAVE NO RECORD OF ANY FURTHER ELIGIBILITY FOR YOU. THEREFORE, UNLESS YOU OBTAINED ELIGIBILITY UNDER AN APPROPRIATE CIVIL SERVICE EXAMINATION ANNOUNCEMENT AND YOUR NAME WAS WITHIN REACH FOR SELECTION, YOU COULD NOT HAVE BEEN ASSIGNED TO A POSITION AT THE GRADES GS-11 OR GS-12 LEVELS. NOWHERE IN THE REPORT OF THE NAVY DEPARTMENT IS THERE ANY INDICATION THAT THE WORK TO WHICH YOU WERE ASSIGNED OR WOULD HAVE BEEN ASSIGNED HAD YOU REMAINED WITH THAT DEPARTMENT, WAS NOT OR WOULD NOT HAVE BEEN RELATED TO YOUR TRAINING.

THE FILE INDICATES THAT IN THE SPRING OF 1965 YOU RECEIVED YOUR PHD DEGREE AND RETURNED TO WORK TO START SERVING YOUR 18 MONTHS OF SERVICE REQUIRED UNDER YOUR AGREEMENT WHICH YOU STATED YOU WOULD SERVE SUBSEQUENT TO COMPLETING YOUR GRADUATE STUDIES. YOU SERVED 10 WEEKS OF YOUR OBLIGATED PERIOD OF SERVICE AND RESIGNED.

DURING YOUR PERIOD OF TRAINING YOU WERE REIMBURSED FOR TUITION COSTS IN THE AMOUNT OF $3,109.61. YOUR INDEBTEDNESS IS COMPUTED AS FOLLOWS:

TABLE

$3,109.61 ORIGINAL INDEBTEDNESS

431.92 CREDIT APPLIED FOR 10 WEEKS OF SERVICE

640.80 WITHHELD RETIREMENT FUND

118.66 LAST PAY CHECK WITHHELD

$1,918.23 NET INDEBTEDNESS

THEREFORE, YOU SHOULD MAKE PAYMENT IN THE AMOUNT OF $1,918.23 BY CHECK OR MONEY ORDER PAYABLE TO THE "U.S. GENERAL ACCOUNTING OFFICE" AND FORWARD SAME TO US AT POST OFFICE BOX 2610, WASHINGTON, D.C. 20013.