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B-194080 1 (1979-03-23)

handle is hein.gao/gaobactzs0001 and id is 1 raw text is: G AO 71. JnUited Stas General Accounting Office Office of WashIngton, DC20548 General Counsel inReuy Refer to: B-194080 -MIAR 2 3 19 / 9 Ms. Carolyn A. Babichto 16 Poppy Lane Do rxikr. ) vt$kble to public reading Commack, New York 11725 Dear Ms. Babich: Reference is made to your letter dated January 26, 1979, con- cerning difficulties you have experienced with your veteran's teemployment rights incident to.your employment with Veterans Administration hospitals in Miami, Florida, and Northpo't, New York. You state that you sent your letter to our Office under the direction of'the Civil Service Commission of the State of New York. In your letter you indicate that you had been an employee of the Veterans Administration (VA) stnce July 1969, that you left the VA in May 1974 to join the Air Force for one tour of duty, and that, after your honorable discharge from the Air Force in June 1976, you decided to relocate to Florida and applied for a position with the Miami VA Hospital., where you were accepted as a staff nurse on August 15, 1976. In 1978, you resigned from your position in Miami, and obtained employment with the Northport VA Hospital. You express dissatisfaction with your employment as a nurse with the VA hospital system and indicate that after your return from military service, your veteran's reemployment rights were violated, that you lost seniority because of your resignation, and that you would have been in a higher pay grade if you had not joined the military. You request our assistance in the matter. Contrary to the information you say was provided you b' the Civil Service Commission of the State of New York, this Office does not have jurisdiction over the entitlement of Government employees to reinstatement after military'service. See 25 Comp. Gen. 852 (1946). In the first instance, the matter of your veteran's reem- ployment rights are for resolution by the Veterans Administration under chapter 43 of title 38, United States Code, relating to reemployment rights. (38 U.S.C. 2021-2026). Also, title 5 of the United States Code and implemeqting regulations provide that employees are entitled to protest their job classification, violations of promotion programs, and to file administrative appeals with the LeW4Z e

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