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B-188507 1 (1977-12-16)

handle is hein.gao/gaobadfjm0001 and id is 1 raw text is: y. THE COa1¶TI'LLER GENERAL DFCISION .. iP TH ITEC BTATUS <4 VV A a f . r 5 4 8 FILB: -188507 DAVE: Decamber 16, 1977 MATTER OF: Ada M. Lin - Salary Payment to Alien D:GEST* Although Public La rs 9;-49 and 92-351 prohibited use of aPpropriated funds to pay compensation of noncitizens, personnel of Department of Defense were specifically excluded from such prohibition by Public Laws 92-204 and 92-570. Therefore, alien employee may retain salary payments she received as employee of Department of Navy. This action is in response to the request of Thomas Taylor, Director, Consolidated Civilian Personnel Office, Department of the Navy, Philadelphia, Pennsylvania, for a decision as to whether Mrs. Ada M. Lin is entitled to compensation for services performed as an employee of the Navy in spite of the fact that she was not a citizen of the United States at the time of her appointments. The record shows that Mrs. Ada M. Lin was given a temporary appointment Noc to Exceed 700 Hours or 15 March 1972 at Noon as a Research Chemist, effective November 15, 1971. In executing her Personal Qualifications Statement (SF-171) and Declaration of Appointee (SF-61B), Mrs. Lin answered No to the question Are you a citizen of the United States of America? She indicated on the SF-171 that she was a permanent resident of the United States. Her temporary appcintment was terminated on May 27, 1972. No reason was given for the termination. Mrs. Lin was given a second temporary appointment Not to Exceed 27 June 1972 on May 28, 1972. No SF-171 or SF-61B was issued for this appointment which was terminated on June 27, 1972. On October 30, 1972, Mrs. Lin was given yet airther temDorary appointment Not to Exceed 29 November, 1972. On bbththe SF-17 and the SF-61B associated with this appointment, she answered the question Are you a citizen of the United States of America? with a Yes. (We have been informally, advised that Mrs..Lin became a citisen of the United States some- time prior to thi3 appointment.)

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