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B-206131 1 (1982-06-25)

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B- 206131


71lA COMPTROLLER OENERAL
C   'THE UNITMU1VItTATUIU
WAD H ING TON, 0, C 20540



      DATEi June 25, 1982


   AATrER OF:  Anthony F, Ruffo - Retroactive cisontinued
                 Service Retirement

   DIGEST;   A former employee of the Naval Air 14cility
             at Andrews Air Force Iase seehs a retroactive
             chiange in his date of separation on lscon-
             tinued service retirement due to the abolieh-
             ment of his job. The duties of his ob were
             combined with the dutie3 of another position
             to formn a new position established ot July 31,
             1980. The abolishment of the clainapL's job
             and notification to him of his impending
             separation were delayed until October 1980.
             The delay is not an administrative error
             jtstifying the retroactive change of 'his
             separation date.

     At the nuagestion of the office of Personnel Manage-
ment, Mr. Anthony F. Ruffo, a former employee of the Naval
Air Facility at Andrews Air Force Base, has requested our
decision as to aIhather the date of his separation on dis-
continued service retirement may be changed from November 6,
1980, to August 30, 1980. The Office of Personnel Manage-
ment (OP) informed Mr. Ruffo that if our Office approved the
retroactive change in his separation date, it would treat
him as having served as a reemployed annuitant thereafter.

     The issue we are presented is whether the Navy committed
an error which justifies a retroactive change in Mr. Ruffo's
separation date. For the reasons, explained below we hold
that the retroactive change may not be made.

     There does not appear to be a major disagreement between
the Navy and Mr. Ruffo concerning the facts of this case.
Mr. Ruffo was employed in thu position of Mobile Equipment
Dispatcher, WG-5701-08, ir. the Transportation Operations
Division of the Niaval Air Facility when, on January 25,
1980, his supervisor was selected for a job at the Navy
Yard. Mr. Ruffo was apparently detai]ed to the supervisory
position from February 20, 3.990, to June 26, 1980, although
we have no documentation of the detail other than a mnemoran-
dum to that effect in the file. During this period, on
Marel 7, 1980, a naw positio-n description was prepared


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