Claim for Backpay

Reconsideration was requested of a denied claim for backpay. The issue presented was whether an employee could be granted backpay for a period prior to his appointment after the Merit Systems Protection Board (MSPB) decided that his employing agency improperly denied him reemployment priority list rights. The claimant was employed by the Department of the Air Force. He was advised that he would be separated in a reduction-in-force. The employee resigned to work for private industry and subsequently appealed the reduction-in-force action to the Civil Service Commission. His appeal was denied. The employee appealed to the MSPB alleging a violation of his reemployment rights, and the appeal was upheld. The claimant was reemployed and claimed a retroactive appointment with backpay for the period commencing with his resignation until the date he was reemployed. GAO held that the employee did not have a vested right to employment by virtue of statute or regulation, and the employing agency had discretion with request to filling the position. The employee had also requested a hearing with GAO on the matter. However, GAO does not hold adversary hearings, but decides cases on the basis of the written record presented.