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B-199774 1 (1980-11-12)

handle is hein.gao/gaobadirr0001 and id is 1 raw text is: I LE THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES S ASH IN GTON, D .C. 20549 VN ITO FILE: B-199774 PATEi November 12, 1980 MATTER OF: Dale Ziegler and Joseph Rebo - Discontinued Service Retirement DIGEST: Agency asks whether retirements may be retroactively effected where agency determined that employees' impending separations were not involuntary so as to entitle them to discontinued service retirements. Later, OPM in identical situation ruled another employee was entitled to discontinued service retire- ment. Agency may retroactively change employees' records to show that they were retired on February 29, 1980. Here, agency failed to submit question of involuntary separation to OPM for advance decision as required by FPM Supp. 831-1, par. S1l-2.a. This failure constituted administrative error which justifies retroactive relief. The Defense Logistics Agency requests our decision on whether two of its employees may be retroactively granted discontinued service retirements. We hold that the two employees are entitled to be retired as of February 29, 1980, based on the agency's failure to timely submit the matter to the Office of Personnel Management. Mr. David 0. K. Lee, Director of Personnel, Defense Contract Administration Services Region, Los Angeles, states that the two employees, Mr. Dale Ziegler and Mr. Joseph Rebo, received reduction in force notices and offers of employment in January 1980. Their posi- tions as Chief, Contract Administration Division were being abolished, and they were tendered offers of positions as Chiefs of Contract Management Division. These latter positions were in a different classifi- cation series than their former positions and involved additional duties. Upon receipt of these letters, Messrs. Ziegler and Rebo immediately questioned whether the reduction (

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