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B-184237 1 (1975-11-28)

handle is hein.gao/gaobadcrk0001 and id is 1 raw text is: 


                            THE  COMPTROLLER GENERAL
DECISION                    OF   THE UNITED STATES
                            WASHINGTON, D. C. 20548



                                           NOV 28 1975
FILE:   B-18423DATE:

MATTER OF:
               Jack S. Groff - Status as Government employee

DIGEST:
               Where Government record of personnel
               action indicates employee was appointed
               by duly authorized Government official,
               officer is presumed to properly dis-
               charge official duty and record of'ap-
               pointment is official Government record
               and presumption of regularity attaches
               so that absent clear evidence of error,
               employee may be presumed to have been
               properly appointed to position in com-
               pliance with law then in effect.

     This case arises upon the request of Mr. Robert E. Hampton,
Chairman of the Civil Service Commission, who seeks an advance
decision as to the status of Mr. Jack S. Groff for service credit,
retirement contributions, pay rate, and leave accrual. Mr. Groff
was competitively selected under local merit promotion procedures
on August 15, 1974, for a position as Computer Technician,
GS-335-09, with the Military Traffic Management Command, Depart-
ment of the Army (MTMC).

     It appears that Mr. Groff was employed by the Central
IntelligenceAgency (CIA) until June, 1967, at which time he trans-
ferred to the Post Office Department (now Postal Service) as a
Computer Operator, Postal Field Service (PFS)-9. Thereafter, in
November 1967, he was promoted to PFS-10. Also, Mr. Groff has
served as a Computer Technician, GS-335-8, in the employ of the
Drug Enforcement Administration.

     At the time the present appointment was made, a question
arose whether Mr. Groff had theretofore been selected from a
competitive register. As Mr. Hampton explained in his letter to
this Office,

          *** * when Mr. Groff was selected as a Com-
     puter Operator, PFS-9, the Civil Service Commission
     had not yet taken over the examining function for
     such positions. The Postal Service has no record
     of the kind of examining procedures it was using to

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