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B-184773 1 (1976-09-23)

handle is hein.gao/gaobadcyg0001 and id is 1 raw text is: THE COMPTR 3LLER GENERAL DECISIONl OF THE UNITED STATES .WASHINGTON 0. C. 20546 FILE: B-184773 DATE: SEP 2 3 1976 MATTER OF: Brenda T. Williams - Retroactive Correction of Appointment Action DIGEST: Cost of Living Council employee had reemploy- ment rights at REW. Where records show that employee was to be transferred without a break in service, appointment papers erroneously reflecting a break in service may be administratively corrected. This matter concerns the question as to whether the Depart- ment of Health, Education, and Welfare has authority to effect a retroactive correction of an appointment action in the caso of Iiss Brenda T. Williams, an employee of the National Institute of Education. M1iss Williams served under a career appointment in the com- petitive service with the Office of Economic Opportunity until February 8, 1973, when she transferred, with recaployiment rights, to the Cost of Living Council. She was separated from the Council effective May 5, 1973, and was given a temporary appointment by the Office of the Secretary, Health, Education, and Welfare, effective ,lay 7, 1973, and for a period not to exceed July 1, 1973, after extension. The record shows that Hiss Williams' tem- porary appointment in the Office of the Secretary was terminated July 1, 1973. The record also shows that on July 2, 1973, -he was given an excepted appointment not to exceed October 1, 1973, with the National Institute of Education, Health, Education, and Welfare, which culminated in a conversion to a reinstatement, An inspection of Miss Williams' employment record by the Civil Service Commission revealed that the July 2 appointment

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