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B-191378 1 (1979-01-08)

handle is hein.gao/gaobadgud0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-191378 DATE: January 8, 197 MATTER OF: n De ia Claim for Backpay DIGEST: /YApplicant for the position of Deputy U.S. Marshal who was offered an appointment and advised to plan on reporting on March 25, 1974, but whose date of appoint- ment was delayed to May 13, 1974, is not entitled to backpay for the interim periodt uay Actof 1966, 5 U. S. C. f.5.fL1.9--- although the delay was inadvertent and the applicant quit his pre- vious employment in reliance on the original advice, ie he had no vested right to be appointed on March 25 and the delay was therefore not an unjustified or unwarranted personnel action under the Act. This action is inresponse tocoTrif 6ffdehce received from Mr _a-6-tJ.DeLucia, 309 Lisa Court, Stockton, California 95210D in which he requested reconsideration of Settlement Certificate Z-2739672 dated October 18, 1977, issued by our Claims Division, disallowing his claim for backpay for the period March 25, 1974, to May 11, 1974, and other redress believed due on account of adminis- trative delays he experienced in securing an appointment to the positi n 1 of Deputy United States Marshal with the Department of Justice. It is indicated that between August 1973 and February 1974 Mr. DeLucia took the preliminary oral, written and physical examina- tions required of applicants seeking to become Deputy United States Marshals. By letter dated March 6, 1974, from the United States Marshals Service, Department of Justice, he was offered a position as Deputy U.S. Marshal at grade GS-5, and he was asked to plan on reporting on March 25, 1974. On March 21, 1974, however, he was advised in a telephone call from a representative of the U. S. Marshals Service that the offer of employment was being withdrawn. Conse- quently, he did not report for duty on March 25, but he did write to the U. S. Marshals Service to ask why he had not been selected. By letter dated April 24, 1974, the U. S. Marshals Service responded with the following explanation: Due to the large number of applicants for positions of Deputy U.S. Marshal our employment process has been overly burdened in administrative tasks and we inadvertently notified you as a non-select candidate. The offer of appointment was renewed, ~fr/ 1111 VV4 - ZClal ,l p /, vmzr_,_ 7

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