B-165591, APR. 24, 1969
Highlights
WAS DISALLOWED BY BOTH THE IMMIGRATION AND NATURALIZATION SERVICE AND THE CLAIMS DIVISION OF OUR OFFICE FOR THE REASON THAT YOU WERE UNABLE TO FURNISH ANY EVIDENCE TO SUPPORT A PAYMENT OF OVERTIME COMPENSATION FOR SUCH PERIOD. YOU HAVE PRESENTED NO NEW FACTS WHICH WOULD WARRANT OUR OVERRULING THE ACTION OF OUR CLAIMS DIVISION. YOU WERE CORRECTLY ADVISED THAT ACTION BY THE GENERAL ACCOUNTING OFFICE ON A CLAIM PRESENTED FOR SETTLEMENT MUST BE PREDICATED UPON OFFICIAL RECORDS OR OTHER PERTINENT DATA FROM WHICH THE NECESSARY INFORMATION REASONABLY MAY BE RECONSTRUCTED. IN THAT REGARD WE HAVE ACCEPTED THE PERSONAL DIARIES AND OTHER PERSONAL DOCUMENTS FURNISHED BY BORDER PATROL OFFICERS IN SUPPORT OF THEIR CLAIMS FOR OVERTIME COMPENSATION.
B-165591, APR. 24, 1969
TO MR. E. J. MORELLI:
WE REFER TO YOUR LETTER OF MARCH 12, 1969, REQUESTING REVIEW OF OUR OFFICE SETTLEMENT DATED JANUARY 14, 1969, WHICH DISALLOWED YOUR CLAIM FOR PAYMENT OF ADDITIONAL COMPENSATION UNDER SECTION 201 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED, 5 U.S.C. 911, FOR OVERTIME SERVICES ALLEGEDLY PERFORMED AS A BORDER PATROL OFFICER OF THE IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE.
YOUR CLAIM COVERING THE PERIOD SEPTEMBER 4, 1953, TO APRIL 24, 1955, WAS DISALLOWED BY BOTH THE IMMIGRATION AND NATURALIZATION SERVICE AND THE CLAIMS DIVISION OF OUR OFFICE FOR THE REASON THAT YOU WERE UNABLE TO FURNISH ANY EVIDENCE TO SUPPORT A PAYMENT OF OVERTIME COMPENSATION FOR SUCH PERIOD. YOU HAVE PRESENTED NO NEW FACTS WHICH WOULD WARRANT OUR OVERRULING THE ACTION OF OUR CLAIMS DIVISION.
IN THE SETTLEMENT OF JANUARY 14, 1969, YOU WERE CORRECTLY ADVISED THAT ACTION BY THE GENERAL ACCOUNTING OFFICE ON A CLAIM PRESENTED FOR SETTLEMENT MUST BE PREDICATED UPON OFFICIAL RECORDS OR OTHER PERTINENT DATA FROM WHICH THE NECESSARY INFORMATION REASONABLY MAY BE RECONSTRUCTED. IN THAT REGARD WE HAVE ACCEPTED THE PERSONAL DIARIES AND OTHER PERSONAL DOCUMENTS FURNISHED BY BORDER PATROL OFFICERS IN SUPPORT OF THEIR CLAIMS FOR OVERTIME COMPENSATION. HOWEVER, THE PERSONAL DOCUMENTS SUBMITTED BY OTHER BORDER PATROL OFFICERS CANNOT SERVE AS A BASIS FOR ALLOWING ANY PORTION OF YOUR CLAIM.
IN THE ABSENCE OF ACCEPTABLE EVIDENCE TO SUPPORT YOUR CLAIM WE MUST SUSTAIN THE SETTLEMENT OF JANUARY 14, 1969.