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B-181934 1 (1975-07-23)

handle is hein.gao/gaobadcle0001 and id is 1 raw text is: DECISION FILE: B-1 MATTER DIGEST: 81934 5 7 ~.THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20548 DATE: JUL 2 3 1975 Lieutenant Colonel Robert G. M. Storey, OF: USA (Retired) - Compensation for services rendered pending appointment C?- 39 Army officer, assigned as Executive Assistant to Ambassador-at-Large, retired from Army in antici- pation of civilian appointment to that position. After retirement he continued to serve as Executive Assistant for 7 months before Department of State determined he could not be appointed. Claimant is a de facto officer who served in good faith and without fraud. He may be paid reasonable value of services despite lack of appointment in view of fact.that had compensation been paid, claimant could retain it under de facto rule or recovery could be waived under 5 U.S.C. § 5584. Although he was not paid, administrative error arose when claimant in good faith entered on duty with under- standing of Government obligation to pay for ser- vices. On reconsideration B-181934, October 7, 1974, is overruled. This action is a reconsideration of decision.B-181934, dated October 7, 1974, which disallowed the claim of Lieutenant Colonel Robert G. X. Storey, United States Army (Retired), for compensation during the period iovember 1, 1973, to June 11, 1974, when he served as Executive Assistant to Ambassador-at-Large Ellsworth P. Bunker, at the Department of State, Washington, D.C. The Ambassador, the claimant, and the Department of State have submitted additional information that now provides a basis for favorable reconsideration of the claim. The record before us shows the following facts. Colonel Storey served as Military Assistant to Ambassador William Sullivan in the East Asian Bureau of the Department of State from June 1970 to September 1973. On September 20, 1973, Ambassador Bunker requested the Director General of the Foreign Service at the Department of State to assign Colonel Storey as his Executive Assistant and to arrange for his outside hire and appointment as a Foreign Service Reserve Officer with the grade FSR-2. Colonel Storey was imediately transferred into Ambassador Bunker's office and began performing the duties of his new position. At the same time, steps were initiated for his appointment as a civilibn. 5 Cop .e I

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