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B-192110 1 (1979-01-29)

handle is hein.gao/gaobadgwh0001 and id is 1 raw text is: I!, DECISION FILE: B-1921 THE COMPTROLLER GENERAL OF THE UNITED BTATES WASHINGTON, D.C. 20548 DATE: January 29, 1979 10 MATTER OF: Eclaim of Security Guard for Backpay DIGEST: Securityguard wasinvo1untarilyremxYe.c from patrol duties and.assigned to day shift desk duties after medical finding that he was drisqvualif.ieald to...Sch 1 does not constitute unwarranted and unjus- tified personnel action since it was done pur- suant to medical certificate issued by Navy physician. Therefore, employee is not en- titled under Back Pay Act, 5 U. S. C. _ 5596. to premium pay which he would have earned while on patrol duties during period of assign- ment to desk duties. 19ce /6 / This is in response to a letter from the Commanding Officer, Navy Regional Finance Center, Q an advance decision on the claim of a civilian armed security guard at the Annapolis Labo- ratory of the David W. Taylor Naval Shin t Center, Bethesda, Maryland, for certain premium pay and differen- tials which he claims were lost as the result of his temporary reas- si nment for medical reasons from duties which required his possession of a firearm to a desk assignment. The guard was hospitalized for treatment of acute pancreatitis and returned to work on July 25, 1975. At that time, he was examined by a Navy physician at the Naval Academy Hospital which provides all medical services for the laboratory. The physician found him disqualified to carry firearms and, as a result of this finding the guard's supervisor immediately relieved him of his normal shift assignments which required wearing firearms and assigned him to a desk job on the Monday through Friday shift schedule. On October 6, 1975, the guard was examined by a Navy psychiatrist and was found fully qualified for his guard position, including use of firearms. On October 22, 1975, the guard was reissued his weapon and reassigned to his former duties. He is seeking backpay for the premium pay he claims he would have earned had he not been placed on a restricted work schedule from July 25 to October' 22, 1975. M AP&467 _

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