B-199263: Feb 4, 1981

An employee of the Department of the Navy requested reconsideration of his claim for backpay incident to the cancellation of his separation. The Merit Systems Protection Board decided that his separation on the basis of abandonment of position was defective. The separation was cancelled retroactively and the employee petitioned for backpay and substitution of annual and sick leave during the perio...

B-199263: Feb 4, 1981

CLAIM WAS DISALLOWED BASED ON AGENCY'S REPORT THAT DURING THE PERIOD OF IMPROPER SEPARATION EMPLOYEE WAS NOT READY. CLAIMANT NOW REQUESTS RECONSIDERATION ALLEGING THAT DURING PERIOD IN QUESTION HE WAS PHYSICALLY FIT FOR DUTY. RESULTING FACTUAL DISPUTE ON WHICH APPEAL IS BASED IS OF INSUFFICIENT PROBATIVE VALUE TO PERMIT PAYMENT OF THE CLAIM. PURSUANT TO THE FOLLOWING ANALYSIS WE ARE SUSTAINING OUR...