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Office of the General Counsel

OPM Ref. # 1996-01650

Dear Mr. [xxx]:

This replies to your December 12, 1996 letter requesting that we review your agencys policy to deny a hazardous pay differential to civilian employees while flying in the Test Pilot School (TPS).

The record shows that the [Agency] has denied your claims based on a thorough review of the hazards involved in TPS training. Specifically, in its December 7, 1995 response to your formal grievance, the [Agency] applied the applicable regulations to each type of activity you alleged warranted hazardous duty pay and explained why that activity did not meet the applicable criteria. This type of review generally is committed to the discretion of the employing agency. We are in no position to question the [Agency's] assessment of the hazards involved in its TPS or the adequacy of the safety precautions taken to minimize the risk of harm.

Because the agency involved has reviewed your claims, and there is no obvious basis to question its findings, your claim is denied.

Very truly yours,

Paul Britner
Senior Attorney

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