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B-178264 1 (1973-06-18)

handle is hein.gao/gaobaadbk0001 and id is 1 raw text is: COMPTiOLLZN GSILEqAL. Or THE UNITED STA1fl ) %flAHINGTOQID.C. IK$B3 JUN 18 1973 3178264 44 Mr4 Ce go Tipton. Authorized Certifying Officer Forest Service Uaited States Depml nt of Agriculture. P, 0, Box 230 Juneau, AlAska 99801 Dear Hr. Tptoan This is in reply to a letter, #dated ah'1c 16, 1973, with endowed claim and file of Unry I, Roberts, requesti au advance decision whither the unpaid alary for the period Saptmbcr 1 through Sept- bar 17, 1972, and Oitober 1 through October 14, 972, may be paid to $Sgt. Roberts and Li vot, should a n'quest for rcftnd f rom tobrts for the (226.51 paid him for the period SeptsLbr 17 through Sptsaber 30# 1972, be made, Henry Roberta as hired on Septeaber U, 1972, under the n, of Scott B. Janetti in a tepora ry eployent status by the Vorent Service, Unitsd States iepartment of Ariclturc, after he indlc.ted that he va honorably discharged from the Armed Forces, and that It* would furnish evidece of nir.discharge at.a later date, Accordiu to the report of thi Forest Beivice, after unsuncessful attemts to verify the honorabl. dlschargVe from the employee, the Yorest Service receive4 notification from the Hfitcry Police that Scott Do Janette was actually Sgt. Henry Be Roberts, ' aho van AWOL fron Tort Wanwriht, Alauka, and .hat bad turned htweelf :n to authorities on October 14, 1972. p Tou refer to 18 Comp. an. 815 (1939) as stsndiu0 for the proposi- tion that retention of salary received under a do facto esloyae basin was not permissible. That decisionr is tot for applicatiun in Mtc present case sLnce it Involved an allen. Retention of oalary In that case wac precluded by sction 5 of the Independent Officeu hpproprintion Act, 1939, 52 Stat. 435, vhich specifically prohibited payment of cawpcsittion to anTperson not misting the ttisenship r'quirements of that isct# The case you have subuitted Is mmwbat slxdlar to the 1!asct ,ema- sideed in our decision 3-90642, flny 4, 1950, cpy errovd, ihera-li an C, */ 1 f I

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