B-170549, NOV. 27, 1970
Highlights
YOU HAVE SUBMITTED NO ADDITIONAL EVIDENCE WHICH WOULD JUSTIFY A MODIFICATION OF OUR DECISION OF OCTOBER 16. WHERE THERE IS A DISPUTE BETWEEN THE CLAIMANT AND THE ADMINISTRATIVE OFFICE AS TO THE FACTS IN A PARTICULAR CASE. ON THE RECORD WE HAVE NO ALTERNATIVE BUT TO REAFFIRM THE DENIAL OF YOUR CLAIM.
B-170549, NOV. 27, 1970
ANNUAL LEAVE - PER DIEM REAFFIRMING DECISION OF OCTOBER 16, 1970, DENYING CLAIM FOR ANNUAL LEAVE AND FOR PER DIEM WHILE EMPLOYED IN BUREAU OF CENSUS.
TO MR. KEITH WIESLEY:
WE REFER FURTHER TO YOUR LETTER OF OCTOBER 19, 1970, WHICH IN EFFECT ASKED FOR RECONSIDERATION OF OUR DECISION OF OCTOBER 16, 1970, DENYING YOUR CLAIM FOR ANNUAL LEAVE AND FOR PER DIEM AND TRAVEL MONIES WHILE AN EMPLOYEE OF THE BUREAU OF THE CENSUS DURING 1969 AND 1970.
YOU HAVE SUBMITTED NO ADDITIONAL EVIDENCE WHICH WOULD JUSTIFY A MODIFICATION OF OUR DECISION OF OCTOBER 16. YOUR CONTENTIONS DISAGREE SUBSTANTIALLY WITH THE FACTS AS REPORTED BY THE ADMINISTRATIVE OFFICE BOTH AS TO THE LOCATION OF YOUR PERMANENT DUTY STATION AND YOUR USE OF ANNUAL LEAVE PRIOR TO SEPARATION. AS STATED IN OUR DECISION OF OCTOBER 16 THE INFORMATION SHOWN ON COPIES OF THE RECORDS AVAILABLE TO US DOCUMENTING YOUR EMPLOYMENT-APPOINTMENT FORM, LEAVE RECORDS, SEPARATION FORM, RELATED ADMINISTRATIVE REPORTS-DO NOT SUPPORT YOUR CONTENTIONS. WE MIGHT POINT OUT THAT THE LENGTH OF AN APPOINTMENT OR THE ACTUAL RESIDENCE OF AN EMPLOYEE HAS NO BEARING ON THE DESIGNATION OF AN EMPLOYEE'S OFFICIAL STATION FOR PURPOSES OF TRAVEL AND PER DIEM IN LIEU OF SUBSISTENCE.
WHERE THERE IS A DISPUTE BETWEEN THE CLAIMANT AND THE ADMINISTRATIVE OFFICE AS TO THE FACTS IN A PARTICULAR CASE, IT HAS BEEN A RULE OF LONG PRACTICE OF OUR OFFICE TO ACCEPT THE STATEMENT OF FACTS AS FURNISHED BY THE ADMINISTRATIVE OFFICE IN THE ABSENCE OF EVIDENCE SUFFICIENT TO OVERCOME THE PRESUMPTION OF THE CORRECTNESS THEREOF. ON THE RECORD WE HAVE NO ALTERNATIVE BUT TO REAFFIRM THE DENIAL OF YOUR CLAIM.