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B-217044 1 (1986-11-28)

handle is hein.gao/gaobadmod0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision Matterof, Joseph B. Riego, Sr., Reconsideration File: B-217044 Date: November 28, 1986 DIGEST The denial of a former Federal'employee's claim for addi- tional backpay because of a procedurally defective removal from a position is affirmed since the employee has not met his burden of demonstrating that the original decision should be reversed due to an error of law or fact. The employee was removed from a position reserved for local nationals in the Philippines after he became a U.S. citizen. He moved to the U.S.A. less than 3 months later. The Merit Systems Protec- tion Board determined that he should have been provided with a 60-day notice period under reduction-in-force procedures prior to his removal, and he was awarded backpay on that basis. The case record demonstrates that additional backpay is not warranted because of several factors, including the fact that the employee was not available for work and, more- over, there was no position for which he qualified as a U.S. citizen even if he had been available. DECISION Mr. Joseph B. Riego, Sr., requests reconsideration of our decision, Joseph B. Riego, Sr., B-217044, December 11, 1985, in which we denied his claim for additional backpay believed due because of purported improprieties relating to his sepa- ration from employment in the Republic of the Philippines with the Department of the Navy in 1974. We affirm our previous decision to deny Mr. Riego additional backpay. BACKGROUND Since in our decision Joseph B. Riego, Sr., B-217044, Decem- ber 11, 1985, we discussed in detail the background of this case, we will reiterate only those facts necessary to resolve this request for reconsideration. In April 1974 Mr. Riego was a civilian employee of the U.S. Navy at Subic Bay, Repubic of the Philippines, in a position reserved for Philippine nationals. When he obtained U.S. citizenship on

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