B-128608, OCT. 8, 1956
Highlights
DENYING YOUR CLAIM FOR SALARY FOR THE PERIOD DURING WHICH YOU WERE ON LEAVE WITHOUT PAY WHILE YOU WERE EMPLOYED AT THE U.S. THE SEVERAL PERIODS OF LEAVE WITHOUT PAY DURING THE SPRING AND SUMMER MONTHS OF THE YEAR 1951 SEEM TO HAVE BEEN DUE TO AN UNSPECIFIED INJURY OR ILLNESS FOR WHICH YOU FILED A CLAIM UNDER THE EMPLOYEES COMPENSATION ACT. THE CLAIM WAS DENIED. YOU WERE RELIEVED OF YOUR FOOD HANDLING DUTIES AS COOK AT THE ABERDEEN PROVING GROUNDS HOSPITAL AND PLACED IN A LEAVE WITHOUT PAY PERIOD FOR ONE YEAR. WE CAN NOT PAY YOU FOR PERIODS DURING WHICH YOU DID NOT WORK UNLESS YOU WERE GRANTED LEAVE WITH PAY OR UNLESS THERE IS A LAW PROVIDING THAT WE MAY DO SO. NO LAW HAS BEEN FOUND WHICH WILL PERMIT US TO PAY YOU.
B-128608, OCT. 8, 1956
TO MELVIN DOMBACK:
WE REGARD YOUR LETTER DATED SEPTEMBER 4, 1956, AS A REQUEST THAT WE RECONSIDER OUR DECISION, B-128608, DATED AUGUST 28, 1956. IN THAT DECISION WE AFFIRMED OUR SETTLEMENT DATED JUNE 1, 1956, DENYING YOUR CLAIM FOR SALARY FOR THE PERIOD DURING WHICH YOU WERE ON LEAVE WITHOUT PAY WHILE YOU WERE EMPLOYED AT THE U.S. ARMY HOSPITAL, ABERDEEN PROVING GROUND, MARYLAND.
THE SEVERAL PERIODS OF LEAVE WITHOUT PAY DURING THE SPRING AND SUMMER MONTHS OF THE YEAR 1951 SEEM TO HAVE BEEN DUE TO AN UNSPECIFIED INJURY OR ILLNESS FOR WHICH YOU FILED A CLAIM UNDER THE EMPLOYEES COMPENSATION ACT, 5 U.S.C. 751 ET. SEQ. THE CLAIM WAS DENIED.
AFTER TESTS, APPARENTLY FOR TUBERCULOSIS, SHOWED POSITIVE RESULTS, YOU WERE RELIEVED OF YOUR FOOD HANDLING DUTIES AS COOK AT THE ABERDEEN PROVING GROUNDS HOSPITAL AND PLACED IN A LEAVE WITHOUT PAY PERIOD FOR ONE YEAR, APPARENTLY AS A PRECAUTIONARY MEASURE. AS WE POINTED OUT IN OUR LETTER DATED AUGUST 28, 1956, WE CAN NOT PAY YOU FOR PERIODS DURING WHICH YOU DID NOT WORK UNLESS YOU WERE GRANTED LEAVE WITH PAY OR UNLESS THERE IS A LAW PROVIDING THAT WE MAY DO SO. WE COULD NOT DO SO EVEN IF THE DEPARTMENT OF THE ARMY MADE A MISTAKE IN FINDING THAT YOU HAD TUBERCULOSIS.
THE RECORDS SHOW THAT YOU DID NOT PERFORM ANY OF THE DUTIES OF YOUR POSITION DURING THE PERIODS COVERED BY YOUR CLAIM, AND NO LAW HAS BEEN FOUND WHICH WILL PERMIT US TO PAY YOU. THEREFORE, WE MUST CONSIDER THE MATTER AS CLOSED.