B-157005, AUG. 21, 1968

B-157005, AUG. 21, 1968

TO MR. EDWARD D. PADGETT:

THIS IS IN REPLY TO YOUR LETTER OF APRIL 30, 1968, MAKING AN ADDITIONAL CLAIM FOR COMPENSATION FROM ABOUT JANUARY 23, 1967, TO OCTOBER 13, 1967, AS AN EMPLOYEE OF THE PICATINNY ARSENAL, DEPARTMENT OF THE ARMY.

IT IS YOUR VIEW THAT THE DEPARTMENT OF THE ARMY HAD PLACED YOU IN AN INVOLUNTARY LEAVE STATUS DURING THIS PERIOD IN ORDER TO SECURE YOUR SEPARATION.

YOU STATE THAT FOLLOWING THE REFUSAL OF YOUR SUPERVISORS AT PICATINNY ARSENAL TO ACCEPT OR FORWARD A CLAIM FOR JOB INCURRED INJURIES YOU FORWARDED THE BASIC FORM (COMPENSATION CLAIM) THROUGH THE ARSENAL ON JANUARY 23, 1967. YOU ALSO INDICATE THAT IT WAS AGREED AT THAT TIME BY YOU, THE ARSENAL MEDICAL OFFICER, AND A PRIVATE MEDICAL OFFICER TO REFER YOU TO "DIPLOMATES" (QUALIFIED PSYCHIATRISTS) FOR 3 DAYS EVALUATION IN CONNECTION WITH THE INJURY COMPENSATION CLAIM. YOU SAY YOUR EMPLOYMENT WAS TO TERMINATE AT THE CLOSE OF BUSINESS ON JANUARY 25, 1967.

YOU STATE THAT THE ACTIVITY DID NOT FORWARD YOUR CLAIM FOR COMPENSATION AT THAT TIME BUT SUBMITTED AN "INVOLUNTARY APPLICATION FOR RETIREMENT" WITH THE CIVIL SERVICE COMMISSION ABOUT FEBRUARY 16, 1967, WHICH WAS DISMISSED BY THE COMMISSION ABOUT JUNE 21, 1967.

IN YOUR VIEW YOU WERE SEPARATED ON OCTOBER 13, 1967, FOR NOT PROVIDING "MEDICAL CERTIFICATION" FOR YOUR ABSENCE DURING THE PERIOD JANUARY TO OCTOBER 1967. YOU CONSIDER THAT YOUR BEING PLACED IN AN INVOLUNTARY LEAVE STATUS DURING THE PERIOD JANUARY TO OCTOBER 1967 WAS ERRONEOUS AND YOU CLAIM COMPENSATION FOR THE PERIOD. YOU ALSO REQUEST TO BE FURNISHED COPIES OF THE TIME CARDS FOR THE PERIOD IN QUESTION AND A COPY OF THE ARSENAL'S REQUEST FOR YOUR INVOLUNTARY APPLICATION FOR RETIREMENT DATED FEBRUARY 16, 1967.

WITH RESPECT TO THE CIRCUMSTANCES SURROUNDING YOUR CLAIM FOR DISABILITY ON JANUARY 23, 1967, AND YOUR SUBSEQUENT ABSENCE FROM DUTY THE DEPARTMENT OF THE ARMY HAS ADVISED: "ON 23 JANUARY 1967 MR. PADGETT INFORMED HIS SUPERVISOR THAT HE WAS PSYCHOLOGICALLY INCAPACITATED TO PERFORM HIS JOB AND REQUESTED PERMISSION TO GO TO THE POST DISPENSARY. HE DISCUSSED HIS CONDITION WITH DR. JOHN F. JUDGE OF THE DISPENSARY STAFF, TELLING HIM ALSO THAT HE WAS PSYCHOLOGICALLY UNABLE TO PERFORM HIS JOB. HE THEN REQUESTED PERMISSION TO GO HOME TO VISIT HIS OWN DOCTOR. HIS REQUEST WAS GRANTED AND HE WAS INFORMED THAT HE WOULD BE REQUIRED TO FURNISH MEDICAL CERTIFICATE UPON HIS RETURN TO DUTY. HE SUBSEQUENTLY SUBMITTED A MEDICAL CERTIFICATE FOR THE PERIOD 23 THROUGH 25 JANUARY 1967, BUT DID NOT RETURN TO DUTY. FURTHER, BY LETTER DATED 23 JANUARY 1967, HE FILED A BUREAU OF EMPLOYEES' COMPENSATION FORM CA-1 WHICH STATED UNDER ITEM 9: PSYCHOLOGICALLY INCAPACITATED BY ABOVE AS DETERMINED BY LAW AND CUSTOM; STATEMENTS OF QUALIFIED MEDICAL EXPERTS IN THE FIELD STAND AS RECORD.- PICATINNY WAS LATER ADVISED BY THE BUREAU THAT THE CLAIM WAS DISALLOWED. "ON 25 JANUARY 1967 NO ACTION WAS TAKEN BY THE ARSENAL WITH RESPECT TO MR. PADGETT'S EMPLOYMENT EXCEPT TO CONTINUE TO CARRY HIM ON SICK LEAVE. ON 14 FEBRUARY 1967 THE ARSENAL FILED AN APPLICATION FOR MR. PADGETT'S INVOLUNTARY DISABILITY RETIREMENT BASED UPON THE FOLLOWING:

"1. MR. PADGETT'S ASSERTION THAT HE WAS -PSYCHOLOGICALLY INCAPACITATED- TO PERFORM HIS JOB.

"2. HIS APPLICATION FOR COMPENSATION.

"3. THE OBSERVATION OF UNUSUAL BEHAVIOR AND CONDUCT PATTERNS AND A HISTORY OF SAME. "THIS APPLICATION WAS SUBSEQUENTLY DISMISSED BY THE U.S. CIVIL SERVICE COMMISSION IN A LETTER DATED 20 JUNE 1967, ON THE BASIS OF INADEQUATE MEDICAL EVIDENCE AND REFUSAL BY MR. PADGETT OF FURTHER EXAMINATION.'

THE ARMY STATES THAT IT HAS NO RECORD TO SUPPORT YOUR ASSERTION THAT YOU RESIGNED OR WERE TERMINATED ON JANUARY 25, 1967. IN THIS REGARD WHEN ASKED BY PICATINNY ON SEPTEMBER 21, 1967, WHEN YOU PLANNED TO RETURN TO WORK, WITH THE WARNING THAT A FAILURE TO RESPOND COULD LEAD TO YOUR SEPARATION, YOU ADVISED THAT YOU WERE NOT ABANDONING ANY OF YOUR RIGHTS. AFTER SEVERAL UNSUCCESSFUL EFFORTS TO HAVE YOU RETURN TO WORK OR PRESENT MEDICAL CERTIFICATION YOU WERE SEPARATED FOR ABANDONMENT OF POSITION ON OCTOBER 13, 1967, EFFECTIVE AUGUST 20, 1967, YOUR LAST DAY OF ANNUAL LEAVE.

THE RECORD SHOWS THAT DURING THE PERIOD JANUARY 26, 1967, TO JULY 3, 1967, YOU WERE IN A SICK LEAVE STATUS SUPPORTED BY MEDICAL CERTIFICATION OBTAINED BY YOU AND FOR WHICH YOU WERE COMPENSATED $4,937.58. YOU WERE IN AN ANNUAL LEAVE STATUS FROM JULY 4, 1967, TO AUGUST 20, 1967, AND AWOL THEREAFTER THROUGH OCTOBER 13, 1967.

YOUR SEPARATION FOR ABANDONMENT OF POSITION WAS MADE EFFECTIVE AUGUST 20, 1967, YOUR LAST DAY OF LEAVE AS PRESCRIBED BY FPM 715.2-5A. ACCORDINGLY, NO ENTITLEMENT TO COMPENSATION EXISTED AFTER THAT DATE.

THE RECORD INDICATES THAT CONTRARY TO YOUR ASSERTION THAT YOUR CLAIM FOR COMPENSATION FOR INJURIES WAS NEVER ACCEPTED BY THE AGENCY ONE SUCH CLAIM DATED JANUARY 23, 1967, WAS APPARENTLY FORWARDED TO THE BUREAU OF EMPLOYEES' COMPENSATION FOR RESOLUTION. AGAIN ON APRIL 17, 1967, THE AGENCY FORWARDED A COMPENSATION CLAIM WHICH YOU HAD SIGNED ON FEBRUARY 6, 1967, AND YOUR DOCTOR ON MARCH 9, 1967.

INSOFAR AS YOUR NOT BEING FURNISHED TIME CARDS FOR THE PERIOD JANUARY 30, 1967, TO OCTOBER 14, 1967, THE DEPARTMENT POINTS OUT: "* * * CONTRARY TO MR. PADGETT'S STATEMENT IN HIS LETTER TO THE U.S. GENERAL ACCOUNTING OFFICE, HE WAS PROVIDED -TRUE COPIES' OF HIS TIME CARDS COVERING THE PERIOD 30 JANUARY 1967 THROUGH 13 OCTOBER 1967, AS IS ACKNOWLEDGED BY HIM IN A LETTER OF 10 MAY 1968 THANKING THE COMMANDING OFFICER FOR -PROVIDING AS REQUESTED TRUE COPIES OF OFFICIAL TIME CARDS * * *.'

ACCORDINGLY, UNDER THE FACTS OF THIS CASE YOU ARE NOT ENTITLED TO ANY COMPENSATION IN ADDITION TO THAT WHICH YOU HAVE ALREADY RECEIVED. IN THE ABSENCE OF ANY MATERIAL EVIDENCE BEARING ON YOUR CLAIM, FURTHER CORRESPONDENCE WILL BE FILED WITHOUT REPLY.