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B-196674 1 (1980-01-23)

handle is hein.gao/gaobadhxs0001 and id is 1 raw text is: a THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON, D.C. 20549 I MT0 B-196674 Mr. Leroy W. Po DATE: January 23, 1980 tter A Government employee separated under a RIF in 1959, was placed on reem- ployment priority listing authorized by 5 C.F.R. 20.7 (1959). When separated employee accepted full-time nontemporary Government employment in 1960, his name was .removed from list and fact that he resigned from that position shortly thereafter would not qualify him for restoration to that list. Thus, for period after 1960 while seeking Govern- ment employment, his rights to be so employed were the same as others with equal veterans preference seeking such employment and neither 5 U.S.C. 652(b) (1958) nor 5 U.S.C. 5596 are applicable. 'V This action is in response to a letter dated Octo- ) er 22, 1979, from Mr. Leroy W. Potter, concerning his ertitlement o backpay znnual and sick Leave and getire- ent credit fro somptime in the latter part of 1959 to October 21, 1973. The basis for the claim is the assertion that he was wrongfully denied employment as a sign painter by the Department of the Air Force, at Vandenberg Air Force Base (AFB), California. The matter of this claim was the subject. of a settlement by our Claims Division dated September 11, 1975, which disallowed that portion of his claim which antedated May 15, 1965, based on the provisions of the barring act. The remainder of the claim was disallowed for the reason that while he had been a Federal employee separated under a reduction-in-force action in 1959, since his status as a separated career employee was terminated in 1960, he.no longer qualified for employment protection under the provision of 5 U.S.C. 652(b) (1958) and 5 U.S.C. 5596. Mr. Potter contends in effect that he did not lose his status as, a separated career employee following his I I12I- FILE: MATTER OF: DIGEST: I ,C6 _

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