B-172792, FEB 3, 1972

B-172792, FEB 3, 1972

MILITARY PERSONNEL - PAYMENT OF UNUSED LEAVE DECISION SUSTAINING THE DENIAL OF A CLAIM BY FRANK J. TUFARIELLO FOR PAYMENT OF UNUSED LEAVE INCIDENT TO HIS SERVICE IN THE ARMY FROM JULY 13, 1944, THROUGH AUGUST 15, 1946. NO NEW EVIDENCE HAS BEEN PRESENTED WHICH WOULD WARRANT RECONSIDERATION OF THE PREVIOUS DECISION.

TO VETERANS SERVICE AGENCY OF SUFFOLK COUNTY:

THIS REFERS TO YOUR LETTER DATED JANUARY 7, 1972, CONCERNING THE CLAIM OF MR. FRANK J. TUFARIELLO, 80 FITCHBURG STREET, BAY SHORE, NEW YORK 11706, FOR PAYMENT OF UNUSED LEAVE INCIDENT TO HIS SERVICE IN THE U.S. ARMY FROM JULY 13, 1944, THROUGH AUGUST 15, 1946.

IN OUR LETTER, B-172792 OF MAY 27, 1971, TO STATE OF NEW YORK, DIVISION OF VETERANS AFFAIRS, TO WHICH YOU REFER, WE EXPLAINED IN DETAIL WHY CONSIDERATION MAY NOT BE GIVEN TO MR. TUFARIELLO'S CLAIM. YOUR LETTER OF JANUARY 7, 1972, PRESENTS NO FACTS, EVIDENCE OR ARGUMENTS NOT PREVIOUSLY CONSIDERED AND CONSEQUENTLY AFFORDS NO BASIS FOR ANY CHANGES IN THE CONCLUSION REACHED IN OUR LETTER OF MAY 27, 1971.

SINCE THERE IS NO ACTION WE LEGALLY MAY TAKE IN THE MATTER, FURTHER CORRESPONDENCE RELATIVE TO THIS SUBJECT WILL SERVE NO USEFUL PURPOSE.