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B-194670 1 (1980-01-22)

handle is hein.gao/gaobadhxj0001 and id is 1 raw text is: Iz606 ~ ~.THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WAASHtNGTON, D.C. 20548 I - - FILE: -8' *0Y)I+cJ~e.fl B-194670 DATE: January 22, 1980 MATTER OF: DIGEST: Appointment of nonappropriated fund activity employee to the competitive service ~ An employee of a nonappropriated fund activity whose position is to be con- verted to the competitive service has only the rights of an applicant for a competitive service appointment until the appointing authority exercises discretion to appoint. Therefore, employee whose appointment is delayed due to investigation resulting in dis- missal from nonappropriated fund activity position is still a non- appropriated fund activity employee until dismissal. This is the case even though appellate authority deems the dismissal was unjustified, since appointment to competitive service was not made until a later date. Thus, nonappropriated fund activity may not be reimbursed salary expense of the employee from appropriated funds. A decision is requested on the propriety of appropri- ated funds being used to reimburse a nonappropriated fund instrumentality for salary paid to an employee whose posi- tion was scheduled to be converted to the competitive service but the conversion was delayed. Reimbursement in the reported circumstances is not authorized. The request for decision was made by the Accounting and Finance Officer, 1606th Air Base Wing, Kirtland Air Force Base, New Mexico. The Commander, 1606th Air Base Wing, requested and was granted the authority by the Civil Service Commission (now Office of Personnel Management) to convert an employee's position from a UA-9, Nonappropriated Fund Assistant Club Manager, to the competitive service GS-9, Assistant Club Manager. The conversion was scheduled to take place in July 1977. However, an investigation V/

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