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AS YOU WERE PREVIOUSLY ADVISED. YOU WERE GIVEN A CAREER- CONDITIONAL (PROBATIONAL) APPOINTMENT AS HIGHWAY ENGINEER. AS A CAREER-CONDITIONAL APPOINTEE YOU WERE REQUIRED TO SERVE A PROBATIONARY OR TRIAL PERIOD OF ONE YEAR. THE EMPLOYING AGENCY UTILIZES THE PROBATIONARY PERIOD TO DETERMINE THE FITNESS AND CAPABILITY OF THE EMPLOYEE TO PERFORM THE DUTIES OF THE POSITION TO WHICH HE IS ASSIGNED. IF DURING SUCH PERIOD AN EMPLOYEE FAILS TO DEMONSTRATE THAT HE IS CAPABLE OF PERFORMING HIS ASSIGNMENT AND FULLY QUALIFIED FOR CONTINUED FEDERAL EMPLOYMENT. AFTER HAVING EXECUTED AN AGREEMENT WHEREIN YOUR ENTITLEMENT TO ALLOWANCE FOR THE TRAVEL EXPENSES IN QUESTION WAS CONTINGENT UPON YOUR REMAINING IN THE GOVERNMENT SERVICE FOR A PERIOD OF 12 MONTHS FOLLOWING YOUR APPOINTMENT UNLESS "INVOLUNTARILY SEPARATED.'.

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B-143187, AUG. 26, 1960

TO MR. LAWRENCE M. LEE:

THIS REFERS TO YOUR LETTER OF AUGUST 11, 1960, FURTHER REGARDING OUR DECISION OF JULY 18, 1960, B-143187, TO YOU, WHICH SUSTAINED OFFICE SETTLEMENT DATED DECEMBER 3, 1959, DISALLOWING YOUR CLAIM FOR EXPENSES ALLEGED TO BE DUE FOR MILEAGE (INCLUDING PER DIEM IN LIEU OF SUBSISTENCE) FOR YOUR TRAVEL (JULY 1-4, 1959) FROM PHOENIX, ARIZONA, TO FOSTER, OREGON, AND FOR THE TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS BETWEEN SUCH POINTS IN CONNECTION WITH YOUR EMPLOYMENT BY THE UNITED STATES FOREST SERVICE, CASCADIA RANGER DISTRICT, REGION 6, DEPARTMENT OF AGRICULTURE, PORTLAND, OREGON.

AS YOU WERE PREVIOUSLY ADVISED, ON JULY 6, 1959, YOU WERE GIVEN A CAREER- CONDITIONAL (PROBATIONAL) APPOINTMENT AS HIGHWAY ENGINEER, GRADE GS-7, WITH THE UNITED STATES FOREST SERVICE, AND ASSIGNED TO DUTY IN REGION 6, PORTLAND, OREGON. AS A CAREER-CONDITIONAL APPOINTEE YOU WERE REQUIRED TO SERVE A PROBATIONARY OR TRIAL PERIOD OF ONE YEAR. THE EMPLOYING AGENCY UTILIZES THE PROBATIONARY PERIOD TO DETERMINE THE FITNESS AND CAPABILITY OF THE EMPLOYEE TO PERFORM THE DUTIES OF THE POSITION TO WHICH HE IS ASSIGNED. IF DURING SUCH PERIOD AN EMPLOYEE FAILS TO DEMONSTRATE THAT HE IS CAPABLE OF PERFORMING HIS ASSIGNMENT AND FULLY QUALIFIED FOR CONTINUED FEDERAL EMPLOYMENT, HIS SERVICE SHOULD BE TERMINATED.

OUR RECORDS SHOW THAT YOU PROCEEDED FROM YOUR RESIDENCE TO THE DUTY STATION DESIGNATED BY PRIVATELY OWNED AUTOMOBILE, PURSUANT TO TRAVEL AUTHORIZATION DATED JUNE 26, 1959, AFTER HAVING EXECUTED AN AGREEMENT WHEREIN YOUR ENTITLEMENT TO ALLOWANCE FOR THE TRAVEL EXPENSES IN QUESTION WAS CONTINGENT UPON YOUR REMAINING IN THE GOVERNMENT SERVICE FOR A PERIOD OF 12 MONTHS FOLLOWING YOUR APPOINTMENT UNLESS "INVOLUNTARILY SEPARATED.' THE WORDS "INVOLUNTARILY SEPARATED," AS REQUIRED BY THE STATUTE UNDER WHICH THE AGREEMENT WAS EXECUTED, PUBLIC LAW 85-749, 72 STAT. 843, MEAN SEPARATION OR REMOVAL FROM THE FEDERAL SERVICE DUE TO REASONS BEYOND YOUR CONTROL WHICH ARE ACCEPTABLE TO THE DEPARTMENT OR AGENCY CONCERNED.

YOU ENTERED ON DUTY ON JULY 6 AND WERE SEPARATED FROM YOUR POSITION EFFECTIVE JULY 30, 1959, AFTER HAVING BEEN RETAINED IN A PAY STATUS ONLY 29 HOURS (JULY 6-9) AND IN A LEAVE-WITHOUT-PAY STATUS FOR THE REMAINING PERIOD FROM JULY 9 THROUGH JULY 30, 1959. YOU WERE REMOVED FROM YOUR POSITION FOR UNSATISFACTORY SERVICE (DISQUALIFICATION), IN THAT YOU WERE UNWILLING TO PERFORM THE DUTIES ASSIGNED BY YOUR SUPERIOR. SINCE YOU WERE NOT FOUND TO BE QUALIFIED FOR THE POSITION AS HIGHWAY ENGINEER IN THAT YOU REFUSED TO PERFORM THE DUTIES ASSIGNED BY YOUR SUPERIORS--- AND NOT HAVING COMPLETED THE PERIOD OF DUTY PRESCRIBED BY YOUR AGREEMENT--- NO AUTHORITY EXISTS FOR THE PAYMENT OF YOUR CLAIM. THEREFORE, AND SINCE YOUR RECENT LETTER CONTAINS NO INFORMATION OR MATERIAL FACTS NOT HERETOFORE CONSIDERED, WE FIND NO BASIS FOR ANY MODIFICATION OF THE PRIOR ACTION IN THE MATTER.

FOR YOUR INFORMATION, THE DECISIONS OF THE COMPTROLLER GENERAL CONCERNING CLAIMS AGAINST THE UNITED STATES ARE FINAL AND CONCLUSIVE UPON THE EXECUTIVE BRANCH OF THE GOVERNMENT. HOWEVER, INDEPENDENTLY OF THE ACTION TAKEN BY OUR OFFICE ON THE CLAIM, THE COURT OF CLAIMS OF THE UNITED STATES HAS JURISDICTION TO CONSIDER AND DETERMINE CERTAIN CLAIMS AGAINST THE GOVERNMENT IF FILED ..END :

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