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B-238130 1 (1990-11-23)

handle is hein.gao/gaobadnvh0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20648 Decision Matter of: Lionel D. Anderson - Claim for Severance Pay File: B-238130 Date: November 23, 1990 DECISION This is in response to an appeal of a Claims Group determination denying severance pay to Mr. Lionel D. Anderson upon his termination from a civilian position as an aircraft mechanic with the Arkansas Army National Guard. We affirm the Claims Group's decision. The record shows that military separation proceedings were initiated against Mr. Anderson after he failed a military drug screening test. Because Army Regulation 600-85 requires the removal of any person with positive drug screening results from military duties that involve aviation, Mr. Anderson was reassigned from his military aviation specialty to the position of light vehicle mechanic. He also was required to enter a drug rehabilitation program. As a condition of his employment in the National Guard as a civilian technician, Mr. Anderson had to maintain a compatible military position in the National Guard. The National Guard determined that Mr. Anderson was not qualified for a technician position compatible with his new military specialty, and he therefore was terminated from his civilian position as an aircraft mechanic, as of January 11, 1987. The National Guard did not pay Mr. Anderson severance pay upon his termination. Severance pay is authorized by 5 U.S.C. § 5595(b) for an employee who has been employed by the government for a continuous period of at least 12 months and is involuntarily separated, but not by removal for cause on charges of misconduct, delinquency, or inefficiency. The basis for denial in Mr. Anderson's case was the Adjutant General's view that Mr. Anderson's failure to maintain a compatible military position was the direct and proximate result of his voluntary use of drugs, so that his separation was due to misconduct, delinquency, or inefficiency. The Claims Group denied Mr. Anderson's subsequent claim. 77

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