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B-182877 1 (1975-06-09)

handle is hein.gao/gaobadcin0001 and id is 1 raw text is: 0LER THE COMPTRO.'.ER GENERAL DCICISION OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: DATE: JUN 9 1975 B-182877 MATTER OF: Mr. Alec H. Stratton-Retroactive correction of appointment action DIGEST: IG T Retroactive correction of an appointment date may be accomplished under provisions of Back Pay Statute, 5 U.S.C. § 5596 (1970) and implementing regulations where agency committed a procedural error by failing to followi provisions of administrative regulations requiring that retirement and reappointment be included in same action to preclude a break in service which was not intended, and where the break in service was only one nonworkday. This matter concerns the question as to whether the Kansas Air National Guard has authority to effect a retroactive correction of an appointment action in the case of Mr. Alec H. Stratton, a retired employee of that agency. Mr. Stratton was retired from Forbes Air National Guard Base, Kansas. on Saturday, June 30. 1973. At the time of rptirempnt, his agency apparently planned to immediately reemploy .nai under a temporary appointment. However, the reemployment appointment was not made effective as of the day following retitement which was a Sunday, but rather was made effective as of the following day, Monday, July 2, 1973, which caused Mr. Stratton to have a one day break in service. The employee worked under his temporary appointment and extensions thereof until June 30, 1974, when he was separated. He applied for a supplemental annuity which was disapproved on the basis that his temporary appointments did not cover a full year period of continuous service as required by 5 C.F.R. 831.801(d)(3). Computation of the employee's last period of service revealed that he was one day short of the full year service requirement. Apparently, Mr. Stratton was not aware that he had experienced a one day break in service on Sunday, July 1, 1973. The employee protested the disapproval of his supplemental annuity on the ground that the period in question did cover a full year of work days. The agency sought guidance on the matter from the St. Louis, Missouri, Regional Office of the Civil Service Comrission. The Commission reviewed the case and advised that a procedural error was apparently committed by the agency in having Mr. Stratton experience the one day break in service at the time he was reemployed. It was pointed out that his retirement and temporary FUBLISHED DECISION 64 Comp. Gen..............

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