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B-204876 1 (1982-06-14)

handle is hein.gao/gaobadkjs0001 and id is 1 raw text is: U I IflEC! k1rIO!N P/m THE COMPTROLLER GJENI!RAL, LF THP UNITED ISTATA9B WASHiNGTON 9 30,0.: 00548 F I EtoB-204876 DAT1l; June 14, 1982 MATTER OF; V I GC-.S T 9 Linnie V. Blevins - Claim for backpay Employee whose rotirement applica- tion was disallowed by Osfice of Personnel Management after separa* tion fzom Defense Logistics Agency, claims krtckpay alleging that dis- allowance was due to agency error. Claim is denied because employee has not submitted evidence suf- ficient to sipport a determination that he suffered an unjustified or unwarranted personnel action and, therefore, he has not met burden of proof in establishing his claim. This decision is in response t9 a request for an advance decision from R. e. Melvoy, Accounting and Fi- nance Officer, Defense General Supply Center' (DGSC), Defense Logistics Agency, Richmond, Virginia. Mr. Melroy has re- quested, our opinion concerning the claim of Mr. Linnie V. Blevins for backpay from November l, 1900, through February 19, 1981. Mr9 Blevins retired on October 31 1980, but was re- turned to the DGSC rolls on February 20, 1981. The Office of Personnel Management (OP) had disallowed his request for retirement on the grounds that he did not 1:ave sufficient creditable civilian service and that he had not waived his military retired pay so that he could count his military service for civil service retirement purposes. Mr. Blevins claims that the improper filing of his retirement applica- tion and its subsequent rejection by OPM were the result of error on the part of the DGSC Office of Civilian Personnel, thus entitling him to backpay under the Back Pay Act of 19G6, as amended, 5 U.S.C. § 5596. (Supp. 111 1979). We are unable to conclude that Mr. Blevins suffered an unwarranted or unjustified personnel action, a prerequisite for entitlement under the Back Pay Act, and, therefore, we must deny his claim. Mr. and The record shows that on the date of his separation, Blevins was 61 years old and had 12 years, 5 montha 25 days of creditable civilian service. He had

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