B-123983, JUL. 27, 1955
Highlights
IN WHICH YOU WERE ALLOWED $562.06 UPON YOUR CLAIM FOR COMPENSATION COVERING A PERIOD OF SUSPENSION FROM SERVICE NOVEMBER 14. YOU DO NOT INDICATE IN WHAT RESPECT SUCH INSPECTION WOULD TEND TO OVERCOME THE ADMINISTRATIVE REPORT THAT PRIOR TO THE PERIOD OF SUSPENSION YOUR REGULAR TOUR OF DUTY WAS NOT CONTINUOUS BUT ALTERNATED APPROXIMATELY EVERY TWO WEEKS WITH ANOTHER SUBSTITUTE EMPLOYEE. YOU ASSERT THAT YOU ARE ENTITLED TO AN AMOUNT EQUAL TO THE TOTAL PAY FOR SUBSTITUTE SERVICE DURING YOUR SUSPENSION. YOU ARE ENTITLED UNDER THE ACT OF JUNE 10. TO COMPENSATION FOR THE PERIOD OF SUSPENSION EQUAL ONLY TO WHAT YOU WOULD HAVE EARNED (HAD YOU NOT BEEN SUSPENDED) AT THE SAME RATE YOU WERE BEING PAID AT THE TIME OF YOUR SUSPENSION.
B-123983, JUL. 27, 1955
TO MRS. HATTIE B. FULTON:
YOUR LETTER OF JULY 5, 1955, REQUESTS FURTHER CONSIDERATION OF OUR DECISION JUNE 20, 1955, TO YOU. IN THAT DECISION WE SUSTAINED OUR CLAIMS DIVISION SETTLEMENT OF APRIL 1, 1955, IN WHICH YOU WERE ALLOWED $562.06 UPON YOUR CLAIM FOR COMPENSATION COVERING A PERIOD OF SUSPENSION FROM SERVICE NOVEMBER 14, 1953, TO MAY 10, 1954, AS A SUBSTITUTE EMPLOYEE OF THE POST OFFICE AT COALWOOD, WEST VIRGINIA.
YOU REQUEST THAT OUR OFFICE INSPECT THE RECORDS OF THE POST OFFICE, BUT YOU DO NOT INDICATE IN WHAT RESPECT SUCH INSPECTION WOULD TEND TO OVERCOME THE ADMINISTRATIVE REPORT THAT PRIOR TO THE PERIOD OF SUSPENSION YOUR REGULAR TOUR OF DUTY WAS NOT CONTINUOUS BUT ALTERNATED APPROXIMATELY EVERY TWO WEEKS WITH ANOTHER SUBSTITUTE EMPLOYEE. YOU ASSERT THAT YOU ARE ENTITLED TO AN AMOUNT EQUAL TO THE TOTAL PAY FOR SUBSTITUTE SERVICE DURING YOUR SUSPENSION.
AS STATED IN OUR DECISION OF JUNE 20, 1955, YOU ARE ENTITLED UNDER THE ACT OF JUNE 10, 1948, TO COMPENSATION FOR THE PERIOD OF SUSPENSION EQUAL ONLY TO WHAT YOU WOULD HAVE EARNED (HAD YOU NOT BEEN SUSPENDED) AT THE SAME RATE YOU WERE BEING PAID AT THE TIME OF YOUR SUSPENSION. THE SETTLEMENT WAS BASED UPON AN ADMINISTRATIVE REPORT THAT YOU WOULD HAVE WORKED 371 HOURS AND PAYMENT WAS MADE UPON THAT BASIS.
IN ALL CASES OF DISCREPANCY BETWEEN FACTS ALLEGED BY A CLAIMANT AND THOSE ADMINISTRATIVELY REPORTED OUR OFFICE MUST ACCEPT THE ADMINISTRATIVE REPORT AS CONTROLLING IN THE ABSENCE OF SUBMISSION OF EVIDENCE TO OVERCOME THE PRESUMPTION OF THE CORRECTNESS OF THE ADMINISTRATIVELY REPORTED FACTS. SUCH EVIDENCE HAS BEEN SUBMITTED BY YOU. IT IS INCUMBENT UPON EVERYONE ASSERTING A CLAIM AGAINST THE UNITED STATES TO SUPPORT SUCH CLAIM WITH EVIDENCE AS TO ITS CORRECTNESS. IT IS NOT OUR DUTY TO EXAMINE THE RECORDS OF THE POST OFFICE DEPARTMENT IN AN EFFORT TO FIND EVIDENCE TO SUPPORT YOUR CLAIM.
REGARDING YOUR QUESTION CONCERNING YOUR RIGHT TO VACATION AND SICK LEAVE DURING THE PERIOD OF SUSPENSION, YOU ARE INFORMED THAT SECTION 3 OF THE ACT OF JUNE 10, 1948, UNDER WHICH PAYMENT FOR THE PERIOD OF UNJUSTIFIED SUSPENSION WAS ALLOWED PROVIDES THAT THE EMPLOYEE RECEIVING SUCH PAYMENT "SHALL FOR ALL PURPOSES EXCEPT THE ACCUMULATION OF LEAVE, BE DEEMED TO HAVE RENDERED SERVICE DURING SUCH PERIOD.' IT THUS CAN BE SEEN THAT UNDER THAT STATUTE NO VACATION OR SICK LEAVE COULD BE CREDITED TO YOU COVERING THE PERIOD OF SUSPENSION.