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B-188574 1 (1977-12-29)

handle is hein.gao/gaobadfmb0001 and id is 1 raw text is: 














DATE:  December 29, 19r7


I.


FiLE:  B13188574


                 VMS COMPTRtm a9 0ENMRAL
DECISION                  0N THE UNITfl STATES
                          WAOMINCHTON, C. C. 20548


Employee who worked with Army 40 hours
prior to the Army's discovery that she had
not been processed by Personnel Office may
not be retroactively appointed. In view of
the fact that the Army intended that the
employee be appointed :he day she started
work and since employee acted in good
faith in filling the office and performing
the duties of the office to which the krmy
intended to appoint her and to which it
did subsequently appoint her, she may be
compeasated for the services rendered as
a de facto employee.


MVATTER  OF: Jackie R. Smarts - De Facto Employee


   This decision is at the request of Lieutenant Colonel C: G.
Nieman, United States Air Force, Chief, Ancounting and Finance
Branrh, Headquarters Warner Robins Air Logistics Center,
Robins Air For.:e Base, Georgia 31098, and concerns the pro-
priety of making the appointment of Ms. Jackie R. Szirts, an
em!,loyee of the Air P*-rce, retroactive.

   The facts in the case are stated by Colonel Nieman as follows:

        Ms.  Jackie R. Smarts is a general schedule
   employee recently hired along with several other
   part-time students on excepted snrvice appoint-
   ments uader Schedule A. Ms. Smarts was the only
   one of tne group who had not worked before and was
   the only one whose employing organization did not
   desire her to start work soon. On 7 October 1976,
   it was agreed among the employment technician,
   the employing organization, and Ma. Smarts that
   she would begin work after the current school
   quarter ended (th, last day of school was Friday,
   19 November  1976). The file shows that in lieu of
   the specific instructions that the other students were
   given to report to the Employment Office for taking
   an oath of office and other processing, Ms. Smarts
   was instructed to telephone the employment techni-
   cian on the following Wednesday, 13 October 1976,


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