B-134501, AUG. 4, 1958

B-134501, AUG. 4, 1958

MR. FEDERICO J. DAGDAG:

IN YOUR LETTER OF JULY 18, 1958, YOU AGAIN REQUEST RECONSIDERATION OF YOUR CLAIM FOR COMPENSATION ALLEGEDLY DUE FOR OVERTIME SERVICES RENDERED AS A CIVILIAN GUARD, CIVILIAN GUARD SECTION, OFFICE OF THE PROVOST MARSHAL, MANILA AIR STATION. ORIGINALLY YOUR CLAIM WAS DISALLOWED BY GENERAL ACCOUNTING OFFICE SETTLEMENT OF OCTOBER 3, 1957. AFTER OBTAINING A COMPLETE REVIEW FROM THE DEPARTMENT OF THE AIR FORCE THAT SETTLEMENT WAS SUSTAINED BY OUR OFFICE IN DECISION B-134501 OF APRIL 2, 1958.

YOU PERSIST IN THE ARGUMENT THAT THE OVERTIME FOR WHICH COMPENSATION IS SOUGHT WAS IN FACT ORDERED. ALSO, YOU SAY THAT THE REGULATION APPEARING AT AFM 40-1, AFH 2.1, PAR. 1A, WHICH DENIES THE PAY STATUS GRANTED TO AIR FORCE EMPLOYEES BY AFM 40-1, AFH 2, SEC. 2, PAR. 7, DOES NOT APPLY TO YOU BECAUSE YOU ARE NOT PAID AT NATIVE WAGE RATES. SUFFICE IT TO SAY THAT THE FACTS AS ADMINISTRATIVELY REPORTED ARE THAT THE OVERTIME IN QUESTION WAS NOT ORDERED, AND THAT YOU ARE PAID AT NATIVE WAGE RATES. CONSEQUENTLY, AS POINTED OUT TO YOU IN OUR DECISION OF APRIL 2, 1958, OUR OFFICE MUST ACCEPT THE STATEMENTS OF FACTS AS ADMINISTRATIVELY REPORTED AND THEREFORE OUR PREVIOUS ACTIONS IN THIS MATTER MUST BE SUSTAINED.

AS YOU ARE WELL AWARE, THE GENERAL ACCOUNTING OFFICE HAS GONE TO CONSIDERABLE EFFORTS TO OBTAIN SUFFICIENT INFORMATION TO ENABLE IT TO REACH THE PROPER CONCLUSION IN THIS MATTER, TAKING INTO CONSIDERATION BOTH YOUR INTEREST AND YOUR CO-WORKERS AND THAT OF THE UNITED STATES.

THEREFORE, WE MUST ADVISE YOU THAT YOUR CLAIM HAS RECEIVED EVERY CONSIDERATION BY OUR OFFICE AND FURTHER CORRESPONDENCE REGARDING IT WILL SERVE NO USEFUL PURPOSE AND WILL BE FILED WITHOUT REPLY.