B-128608, AUG. 26, 1957
Highlights
DENYING YOUR CLAIM FOR SALARY FOR THE PERIODS DURING WHICH YOU WERE ON LEAVE WITHOUT PAY WHILE YOU WERE EMPLOYED AT THE UNITED STATES ARMY HOSPITAL. THAT ALTHOUGH YOU WERE GRANTED LEAVE WITHOUT PAY FOR THE PURPOSE OF SEEKING MEDICAL TREATMENT FOR A SUSPECTED IMPAIRMENT OF HEALTH DURING PERIODS OF 1951 AND 1952. THE GOVERNMENT IS LIABLE FOR THE LOSS OF REMUNERATIVE EMPLOYMENT UNDERGONE WHILE YOU WERE IN THE LEAVE WITHOUT PAY STATUS GRANTED YOU AS A PRECAUTIONARY MEASURE. YOUR PRESENT LETTER ADDS NOTHING TO THE RECORD OR FILE HERE FROM WHICH OUR PRIOR DECISIONS WERE CONCLUDED. SINCE NO SICK LEAVE WAS AVAILABLE FOR THE PERIOD IN QUESTION YOU WERE PLACED ON LEAVE WITHOUT PAY TO ENABLE YOU TO RECEIVE MEDICAL TREATMENT FOR A SUSPECTED HEALTH IMPAIRMENT.
B-128608, AUG. 26, 1957
TO MR. MELVIN DOMBACH:
WE REGARD YOUR LETTER DATED JULY 28, 1957, AS A REQUEST THAT WE RECONSIDER OUR DECISIONS, B-128608 DATED AUGUST 28, AND OCTOBER 8, 1956. IN THOSE DECISIONS WE REAFFIRMED OUR SETTLEMENT DATED JUNE 1, 1956, DENYING YOUR CLAIM FOR SALARY FOR THE PERIODS DURING WHICH YOU WERE ON LEAVE WITHOUT PAY WHILE YOU WERE EMPLOYED AT THE UNITED STATES ARMY HOSPITAL, ABERDEEN PROVING GROUND, MARYLAND. YOUR LETTER REITERATES IN EFFECT THE CONTENTION, ALREADY CONSIDERED HERE, THAT ALTHOUGH YOU WERE GRANTED LEAVE WITHOUT PAY FOR THE PURPOSE OF SEEKING MEDICAL TREATMENT FOR A SUSPECTED IMPAIRMENT OF HEALTH DURING PERIODS OF 1951 AND 1952, SUBSEQUENT TESTS AND TREATMENTS ALLEGEDLY FAILING TO MATERIALLY DISCLOSE THE SUSPECTED CONDITION, THE GOVERNMENT IS LIABLE FOR THE LOSS OF REMUNERATIVE EMPLOYMENT UNDERGONE WHILE YOU WERE IN THE LEAVE WITHOUT PAY STATUS GRANTED YOU AS A PRECAUTIONARY MEASURE. YOUR PRESENT LETTER ADDS NOTHING TO THE RECORD OR FILE HERE FROM WHICH OUR PRIOR DECISIONS WERE CONCLUDED.
AS PREVIOUSLY STATED TO YOU, SINCE NO SICK LEAVE WAS AVAILABLE FOR THE PERIOD IN QUESTION YOU WERE PLACED ON LEAVE WITHOUT PAY TO ENABLE YOU TO RECEIVE MEDICAL TREATMENT FOR A SUSPECTED HEALTH IMPAIRMENT, AND SINCE NO SERVICES WERE RENDERED DURING THAT PERIOD THE APPROPRIATIONS FOR PERSONAL SERVICES ARE NOT AVAILABLE TO MAKE ANY SALARY PAYMENT TO YOU THEREFOR IN THE ABSENCE OF A STATUTE AUTHORIZING PAYMENT. FURTHER, YOUR NOT HAVING FILED AN APPEAL TO THE PROPER ADMINISTRATIVE OFFICIALS AT THE TIME OF YOUR PLACEMENT IN A LEAVE WITHOUT PAY STATUS CAUSES THE RECORD TO BE VOID OF ANY FINDING BY EITHER THE AGENCY INVOLVED OR BY THE CIVIL SERVICE COMMISSION THAT THE AGENCY ACTION TAKEN WAS IMPROPER.
THEREFORE, UPON THE BASIS OF YOUR STATEMENTS RECEIVED TO DATE AND UPON THE ADMINISTRATIVE REPORTS ASSEMBLED IN THE COURSE OF THE CONSIDERATION OF YOUR CLAIM, OUR OFFICE MUST ADHERE TO ITS DECISION REJECTING YOUR CLAIM FOR COMPENSATION FOR THE PERIOD OF LEAVE WITHOUT PAY.
ANY FURTHER CORRESPONDENCE FROM YOU NOT CONTAINING NEW AND MATERIAL EVIDENCE CONCERNING YOUR CLAIM WILL BE FILED WITHOUT REPLY.