Washington, DC
U.S. Office of Personnel Management
Compensation Claim Decision
Under section 3702 of title 31, United States Code
Ramstein, Germany
Damon B. Ford
Compensation and Leave Claims
Program Manager
Agency Compliance and Evaluation
Merit System Accountability and Compliance
06/16/2022
Date
The claimant was residing in Germany with his active-duty military spouse and working as a contractor when he applied for an Intelligence Specialist, GG-0132-13 position with the Department of the Air Force (Air Force) in Ramstein, Germany. He received a tentative job offer for the position on June 7, 2021. On or around July 17, 2021, he returned to the United States. On November 10, 2021, the claimant was notified by the agency that he was ineligible for LQA. In December 2021, the claimant’s spouse was transferred from Germany to the United States. On December 6, 2021, via an email to the agency, the claimant declined to accept the position. He stated, “Due to my wife being…unable to relocate with me…I have to regretfully decline…Additionally, the unavailability of LQA…would be a financial hardship.”
OPM settles compensation and leave claims under section 3702(a)(2) of title 31, United States Code (U.S.C.). This authority is narrow and limited to consideration of whether monies are owed for the stated claim. Under section 178.105 of title 5, Code of Federal Regulations, the burden is upon the claimant to establish the liability of the United States and the claimant’s right to payment. Joseph P. Carrigan, 60 Comp. Gen. 243, 247 (1981); Wesley L. Goecker, 58 Comp. Gen. 738 (1979). In this case, the claimant does not have a right to payment for an allowance attached to a position he acknowledges he has not occupied. Thus, we find no merit in his request for compensation since he has never occupied the position in question. A Federal employee is entitled only to the salary of the position to which the employee is appointed. United States v. Testan, 424 U.S. 392, at 406 (1976). Accordingly, the claim is denied.
This settlement is final. No further administrative review is available within the OPM. Nothing in this settlement limits the claimant’s right to bring an action in an appropriate United States court.