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B-199263 1 (1981-02-04)

handle is hein.gao/gaobadjbx0001 and id is 1 raw text is: DECISION FILE: B-199263 THE COMPTROLLER IENERAL SOF THE UNITED STATES . ,WASHINGTOJN. 0. C. 20548 DATE Fu 4 DATE: February 4, 1981 MATTER OF: Harold E. Richards - Backpay DIGEST: Civilian employee of Department of Navy claims backpay on basis of Merit Systems Protection Board decision overturning his separation. Claim was- disallowed based on agency's report that during the period of improper separation employ- ee was not ready, willing, and able to perform his duties because of an in- capacitating illness. See 5 C.F.R. § 550.804(d). Claimant now requests reconsideration alleging that during period in question he was physically fit for duty. Resulting factual dis- pute on which appeal is based is of insufficient probative value to permit payment of the claim. Mr. Harold E. Richards requests reconsideration of his claim for backpay incident to the cancella- tion of his separation at the Naval Weapons Station, Seal Beach, California. Pursuant to the following analysis we are sustaining our Claims Group's denial of Mr. Richards' claim on May 19, 1980. On October 16, 1979,_the Merit Systems Protec- tion Board decided that Mr. Richards' separation on the basis of abandonment of position was defective. On November 13, 1979, ,,the separation was cancelled retroactive to May 18, 1979. Predicated on the Board's determination Mr. Richards petitioned his employing activity for backpay and substitution of annual and sick leave during the period covered by the Board's decision.' The agency denied Mr. Richards' claim stating that notwithstanding the improper separation, Mr. Richards was nevertheless in a nonpay nonduty status during the period in question since he was not physically able to perform his duties due to an in- capacitating illness and he had exhausted all of his leave Upon referral of the matter to our Claims Group ;these same findings were reflected in the agency's administrative report on Mr. Richards' claim I 0 IM

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