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B-226020 1 (1987-10-23)

handle is hein.gao/gaobadmwr0001 and id is 1 raw text is: 0The Comptroller General of the United States *Washington. D.C. 20548 Decision Lucio R. Gallardo - Salary Rate Upon Reemployment and Military Service Credit Matterof: for Annual Leave Accrual File: B-226020 Date: October 23, 1987 DIGEST 1. An employee who formerly held a position as a structural engineer in the GG system at the GG grade 12, step 7 level when he was working for the Navy during the conflict in Vietnam, which he says was equivalent in duties and respon- sibilities to a GS grade 12, step 7 level position, claims that he should have received the step 7 rate of pay rather than the step 1 rate of pay in the position in which he was reemployed by the Navy in 1981. The employee was only entitled to the step 1 rate of pay upon reemployment because the highest previous rate rule applies only to the salary rate earned by the employee in his previous position (the GG-12/7 salary rate was lower than the step 1 rate of the grade in which he was reemployed), not to the level of job responsibility in his previous position. 2. Service in the Philippine Commonwealth Army is not active military service that is creditable for the purpose of determining an employee's annual leave accrual rate. DECISION Mr. Lucio R. Gallardo, an employee of the Navy Department, appeals the determinations by our Claims Group that he is only entitled to the step 1 pay rate of the grade in which he was reemployed by the Navy and that he may not count his service in the Philippine Commonwealth Army as active military service in establishing his service computation date. His service computation date determines his rate of accrual of annual leave, his status in a reduction-in-force, and his eligibility for and amount of annuity upon retire- ment. We agree with the Claims Group's determinations since Mr. Gallardo's pay rate upon reemployment exceeds the highest rate he previously earned and since service in the Philippine Commonwealth Army is not creditable as active military service in establishing his service computation date.

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