B-128473, NOV 3, 1971
Highlights
WHILE IT MAY BE TRUE THAT THE CERTIFICATE OF MEDICAL EXAMINATION (STANDARD FORM 78) WAS A FALSE DOCUMENT BY WHICH CLAIMANT WAS DISQUALIFIED FOR THE POSITION OF FIREFIGHTER IN 1956. AN EMPLOYEE IS NOT ENTITLED TO THE SALARY OF A POSITION TO WHICH HE HAS NOT BEEN APPOINTED OR REAPPOINTED. THERE IS NO BASIS UPON WHICH THE CLAIM FOR BACK PAY MAY BE ALLOWED. DUPREE: THIS IS IN FURTHER REFERENCE TO YOUR LETTERS OF AUGUST 2 AND AUGUST 22. WE WOULD POINT OUT THAT IT WAS INITIALLY SUBMITTED TO THIS OFFICE ON YOUR BEHALF UNDER DATE OF FEBRUARY 28. IT WAS SUBSEQUENTLY DISALLOWED BY SETTLEMENT OF OUR CLAIMS DIVISION DATED MARCH 20. THAT ACTION WAS THEN SUSTAINED BY OUR DECISION B 128473. YOUR CLAIM HAS BEEN DULY CONSIDERED BY THIS OFFICE IN ACCORDANCE WITH ESTABLISHED PROCEDURES AND NO BASIS WAS FOUND ON WHICH IT COULD BE ALLOWED.
B-128473, NOV 3, 1971
CIVILIAN PERSONNEL - BACK PAY - FALSE DOCUMENT AFFIRMING PRIOR DECISION WHICH DISALLOWED CLAIM FOR BACK PAY FOR SERVICE AS A FIREFIGHTER DURING THE PERIOD NOVEMBER 15, 1956 TO OCTOBER 22, 1966. WHILE IT MAY BE TRUE THAT THE CERTIFICATE OF MEDICAL EXAMINATION (STANDARD FORM 78) WAS A FALSE DOCUMENT BY WHICH CLAIMANT WAS DISQUALIFIED FOR THE POSITION OF FIREFIGHTER IN 1956, AN EMPLOYEE IS NOT ENTITLED TO THE SALARY OF A POSITION TO WHICH HE HAS NOT BEEN APPOINTED OR REAPPOINTED. ACCORDINGLY, THERE IS NO BASIS UPON WHICH THE CLAIM FOR BACK PAY MAY BE ALLOWED.
TO MR. THURMAN H. DUPREE:
THIS IS IN FURTHER REFERENCE TO YOUR LETTERS OF AUGUST 2 AND AUGUST 22, 1971, IN WHICH YOU REASSERT YOUR CLAIM FOR BACK PAY FOR SERVICE AS A FIREFIGHTER DURING THE PERIOD NOVEMBER 15, 1956, TO OCTOBER 22, 1966.
IN RESPONSE TO YOUR INQUIRY OF AUGUST 2, 1971, AS TO THE PROPER PROCEDURE FOR PRESENTATION OF YOUR CLAIM, WE WOULD POINT OUT THAT IT WAS INITIALLY SUBMITTED TO THIS OFFICE ON YOUR BEHALF UNDER DATE OF FEBRUARY 28, 1967, BY THE FINANCE CENTER, U.S. ARMY. IT WAS SUBSEQUENTLY DISALLOWED BY SETTLEMENT OF OUR CLAIMS DIVISION DATED MARCH 20, 1967. THAT ACTION WAS THEN SUSTAINED BY OUR DECISION B 128473, MAY 18, 1967. THUS, YOUR CLAIM HAS BEEN DULY CONSIDERED BY THIS OFFICE IN ACCORDANCE WITH ESTABLISHED PROCEDURES AND NO BASIS WAS FOUND ON WHICH IT COULD BE ALLOWED. HOWEVER, IN RESPONSE TO YOUR RECENT LETTERS, WE HAVE AGAIN REVIEWED THE MATTER.
YOU NOW ALLEGE THAT THE CERTIFICATE OF MEDICAL EXAMINATION (STANDARD FORM 78) BY WHICH YOU WERE DISQUALIFIED FOR THE POSITION OF FIREFIGHTER IN 1956 WAS A FALSE DOCUMENT, AND BY REASON THEREOF YOU ARE ENTITLED TO BACK PAY.
YOUR PRESENT ALLEGATION, INSOFAR AS ITS RELEVANCY TO YOUR CLAIM IS CONCERNED, DOES NOT CHANGE YOUR POSITION OR ESTABLISH AN ENTITLEMENT TO BACK PAY. AS WE STATED IN OUR DECISION OF MAY 18, 1967, IN RESPONSE TO YOUR LETTER OF APRIL 15, 1967, ALLEGING THAT THE MEDICAL CERTIFICATE WAS INVALID, AN EMPLOYEE IS NOT ENTITLED TO THE SALARY OF A POSITION TO WHICH HE HAS NOT BEEN APPOINTED OR REAPPOINTED. IN ADDITION TO THE CASES CITED IN THAT DECISION, OTHER DECISIONS OF THE COURTS AND OF THIS OFFICE HAVE HELD THAT A FEDERAL EMPLOYEE IS ENTITLED ONLY TO THE SALARY OF THE OFFICE TO WHICH HE IS APPOINTED. UNITED STATES V MCLEAN, 95 U.S. 750 (1877); COLEMAN V UNITED STATES, 100 CT. CL. 41 (1943). ENCLOSED AS AN EXAMPLE OF DECISIONS OF THIS OFFICE ON THE QUESTION YOU PRESENT IS A COPY OF B- 159181, MAY 26, 1966.
THUS, REGARDLESS OF THE CORRECTNESS OR VALIDITY OF THE CERTIFICATE OF MEDICAL EXAMINATION, THE FACT REMAINS THAT YOU WERE NOT APPOINTED OR REAPPOINTED TO A POSITION OF FIREFIGHTER DURING THE PERIOD IN QUESTION. ACCORDINGLY, THERE IS NO BASIS UPON WHICH WE MAY ALLOW YOUR CLAIM FOR PAY FOR SUCH A POSITION.