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B-196859 1 (1980-02-19)

handle is hein.gao/gaobadiad0001 and id is 1 raw text is: 

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                  ~   ~.THE  COMPTROLLER GENERAL
DECISION         '      OF   THE   UNITED STATES
                        WASHINGTON, 0. C. 20548
                  I T


FILE: B-196859                DATE: February 19, 19,

MATTER  OF:  Norma J. Raymond


DIGEST:


Civilian employee of Air Force stationed
in Japan upon involuntary dismissal
returned to United States. She contested
dismissal and was reinstated to the posi-
tion with backpay under 5 U.S.C. 5 5596.
The backpay award includes allowances for
housing and cost of living which are paid
employees working in high cost areas over-
seas even though the employee is not
present in that area during period of
wrongful dismissal.


       The question is whether an employee who is awarded
  backpay under the Back Pay Act (Act), 5 U.S.C. § 5596,
  for a wrongful dismissal is entitled to receive allow-
  ances provided to compensate the employee for being
  assigned to a high cost area when the employee is not
  present at the high cost area during the period of
  wrongful dismissal. Since the Act provides for payment
  of all allowances the employee would have earned if the
  improper dismissal had not occurred, she is entitled
  to receive the allowances in question.

       The question is presented for an advance decision
  by Captain Ronald M. Oberbillig, Accounting and Finance
- Officer, Kadena Air Base, Japan, and concerns an award
  made to Norma J. Raymond, a civilian employee of the
  Air Force.

       Ms. Raymond was separated from her position of
  Supervisory Recreation Specialist--Service Club
  Activity, 18th Combat Support, Kadena Air Base,
  Japan, based on unsatisfactory performance of duty.
  She returned to the United States and appealed her
  dismissal to the Merit Systems Protection Board and    a
  was awarded retroactive restoration and backpay under
  the Act.  The employee did not return to Japan but
  rather resigned shortly after her reinstatement.


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