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DISALLOWING CLAIM FOR BACK PAY AND RECREDIT OF SICK LEAVE SINCE BACK PAY SALARY ACT OF 1966 DID NOT HAVE ANY EFFECT ON UNJUSTIFIED OR UNWARRANTED PERSONNEL ACTIONS PRIOR TO MARCH 30. THE FACTS IN YOUR CASE AND THE REASON FOR THE DISALLOWANCE WERE FULLY SET FORTH IN OUR DECISIONS OF OCTOBER 11 AND NOVEMBER 1. THE REGULATIONS REFERRED TO BY YOU WERE PROMULGATED BY THE CIVIL SERVICE COMMISSION PURSUANT TO 5 U.S.C. 5596. IS FOUND ON OR AFTER THE DATE OF ENACTMENT OF THIS ACT. BY APPROPRIATE AUTHORITY UNDER APPLICABLE LAW OR REGULATION TO HAVE UNDERGONE AN UNJUSTIFIED OR UNWARRANTED PERSONNEL ACTION TAKEN PRIOR TO. -" THE ABOVE STATUTE WAS ENACTED ON MARCH 30. THAT ACT AND THE REGULATIONS ISSUED PURSUANT THERETO ARE NOT APPLICABLE IN YOUR CASE.

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B-153136, AUG. 15, 1969

CIVIL PAY - ANNUAL AND SICK LEAVE REAFFIRMATION OF DECISION OF NOVEMBER 1, 1965, DISALLOWING CLAIM FOR BACK PAY AND RECREDIT OF SICK LEAVE SINCE BACK PAY SALARY ACT OF 1966 DID NOT HAVE ANY EFFECT ON UNJUSTIFIED OR UNWARRANTED PERSONNEL ACTIONS PRIOR TO MARCH 30, 1966.

TO MRS. B. BERRY BARGER:

THIS REFERS TO YOUR LETTER OF JULY 27, 1969, REQUESTING RECONSIDERATION OF OUR DECISION OF NOVEMBER 1, 1965, B-153136, WHICH SUSTAINED THE DISALLOWANCE OF YOUR CLAIM FOR SALARY AS A GS-11 AND RECREDIT OF ANNUAL AND SICK LEAVE FOR THE PERIOD FROM MARCH 28, 1961, THROUGH DECEMBER 10, 1961.

THE FACTS IN YOUR CASE AND THE REASON FOR THE DISALLOWANCE WERE FULLY SET FORTH IN OUR DECISIONS OF OCTOBER 11 AND NOVEMBER 1, 1965, AND IN YOUR SUIT IN THE COURT OF CLAIMS, CT. CL. NO. 356-63, DECIDED APRIL 16, 1965, AND NEED NOT BE REPEATED HERE.

IN YOUR LETTER OF JULY 27 YOU REFER TO 5 U.S.C. 5596, FPM SUPPLEMENT 990- 1, PART 550, SUBPART H, DATED APRIL 18, 1969, AND FPM SUPPLEMENT 990-2, BOOK 550, SUBCHAPTER S8, DATED MARCH 31, 1969, AS AUTHORITY FOR PAYMENT OF YOUR CLAIM. THE REGULATIONS REFERRED TO BY YOU WERE PROMULGATED BY THE CIVIL SERVICE COMMISSION PURSUANT TO 5 U.S.C. 5596.

SECTION 3 OF THE BACK PAY SALARY ACT OF 1966, PUBLIC LAW 89-380, NOW CONTAINED IN 5 U.S.C. 5596, PROVIDES IN PART AS FOLLOWS:

"SEC. 3. EACH CIVILIAN OFFICER OR EMPLOYEE OF AN AGENCY WHO, ON THE BASIS OF AN ADMINISTRATIVE DETERMINATION OR A TIMELY APPEAL, IS FOUND ON OR AFTER THE DATE OF ENACTMENT OF THIS ACT, BY APPROPRIATE AUTHORITY UNDER APPLICABLE LAW OR REGULATION TO HAVE UNDERGONE AN UNJUSTIFIED OR UNWARRANTED PERSONNEL ACTION TAKEN PRIOR TO, ON, OR AFTER THE DATE OF ENACTMENT OF THIS ACT, WHICH HAS RESULTED IN THE WITHDRAWAL OR REDUCTION OF ALL OR ANY PART OF THE PAY, ALLOWANCES, OR DIFFERENTIALS OF SUCH OFFICER OR EMPLOYEE---"

THE ABOVE STATUTE WAS ENACTED ON MARCH 30, 1966, AND THE RECORD CONTAINS NO INDICATION OF A FINDING BY APPROPRIATE AUTHORITY ON OR AFTER THAT DATE THAT YOU HAD UNDERGONE AN UNJUSTIFIED OR UNWARRANTED PERSONNEL ACTION. THEREFORE, THAT ACT AND THE REGULATIONS ISSUED PURSUANT THERETO ARE NOT APPLICABLE IN YOUR CASE.

SINCE THERE IS NO BASIS FOR ALLOWANCE OF BACK PAY DURING THE PERIOD IN QUESTION, OUR PREVIOUS ACTIONS IN DENYING YOUR CLAIM MUST BE SUSTAINED.

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