B-167856, OCT. 30, 1969
Highlights
MANIOTIS: THIS IS IN REFERENCE TO YOUR LETTER DATED SEPTEMBER 29. WHICH WAS THE SUBJECT OF OUR DECISION B-167856 OF SEPTEMBER 24. THERE IS NO AUTHORITY FOR PAYMENT OF THIS CLAIM SINCE UNDER APPLICABLE LAW A MEMBER OF THE NAVAL RESERVE WHO IS CALLED TO ACTIVE DUTY FOR A PERIOD OF LESS THAN 30 DAYS AND IS DISABLED IN LINE OF DUTY FROM DISEASE IS NOT ENTITLED TO PAY AND ALLOWANCES BEYOND THE DATE AUTHORIZED BY HIS ORDERS. YOU AGAIN STATE THAT YOUR SON'S DISABILITY WAS DUE TO "INJURY" AND INSIST THAT YOU CAN PRODUCE FACTS WHICH WILL PROVE YOUR POSITION IN THE MATTER. YOU HAVE EXPRESSED THE DESIRE TO HAVE A "HEARING IN THE NEW YORK AREA AT SOME NAVAL STATION OR ACTIVITY" IN ORDER TO PRESENT IN PERSON "EVIDENCE NEVER PREVIOUSLY ADMITTED NOR CONSIDERED" WHICH YOU BELIEVE WILL ESTABLISH YOUR SON'S "INJURY.'.
B-167856, OCT. 30, 1969
TO MR. WILLIAM G. MANIOTIS:
THIS IS IN REFERENCE TO YOUR LETTER DATED SEPTEMBER 29, 1969, REQUESTING FURTHER CONSIDERATION OF THE ACTION TAKEN ON YOUR CLAIM ON BEHALF OF YOUR SON, WILLIAM P. MANIOTIS, FOR PAY AND ALLOWANCES BELIEVED TO BE DUE HIM AS FIREMAN, UNITED STATES NAVAL RESERVE, SUBSEQUENT TO THE EXPIRATION, ON MARCH 4, 1967, OF HIS PERIOD OF ORDERED TRAINING DUTY, WHICH WAS THE SUBJECT OF OUR DECISION B-167856 OF SEPTEMBER 24, 1969.
WE FULLY EXPLAINED TO YOU WHY, ON THE BASIS OF THE FACTS AND THE DETERMINATION OF THE NAVY DEPARTMENT, THERE IS NO AUTHORITY FOR PAYMENT OF THIS CLAIM SINCE UNDER APPLICABLE LAW A MEMBER OF THE NAVAL RESERVE WHO IS CALLED TO ACTIVE DUTY FOR A PERIOD OF LESS THAN 30 DAYS AND IS DISABLED IN LINE OF DUTY FROM DISEASE IS NOT ENTITLED TO PAY AND ALLOWANCES BEYOND THE DATE AUTHORIZED BY HIS ORDERS. YOUR LETTER CONTAINS NO EVIDENCE OR INFORMATION NOT PREVIOUSLY CONSIDERED AND AFFORDS NO BASIS UPON WHICH FURTHER CONSIDERATION MAY BE GIVEN THE CLAIM.
YOU AGAIN STATE THAT YOUR SON'S DISABILITY WAS DUE TO "INJURY" AND INSIST THAT YOU CAN PRODUCE FACTS WHICH WILL PROVE YOUR POSITION IN THE MATTER. THEREFORE, YOU HAVE EXPRESSED THE DESIRE TO HAVE A "HEARING IN THE NEW YORK AREA AT SOME NAVAL STATION OR ACTIVITY" IN ORDER TO PRESENT IN PERSON "EVIDENCE NEVER PREVIOUSLY ADMITTED NOR CONSIDERED" WHICH YOU BELIEVE WILL ESTABLISH YOUR SON'S "INJURY.'
AS YOU WERE ADVISED IN OUR DECISION OF SEPTEMBER 24, 1969, MATTERS REFERRED TO THIS OFFICE ARE CONSIDERED ON THE BASIS OF THE WRITTEN RECORD AND WE HAVE NO FACILITIES FOR THE TAKING OF ORAL TESTIMONY. ALSO, YOU WERE ADVISED THAT YOU MAY SUBMIT IN PERSON ANY INFORMATION YOU WISH DURING BUSINESS HOURS AT OUR OFFICE IN WASHINGTON, D.C. HOWEVER, WE CANNOT HONOR YOUR REQUEST FOR A PERSONAL INTERVIEW IN THE NEW YORK AREA.
IF YOU KNOW OF ANY ACCIDENT OR OTHER INCIDENT WHICH RESULTED IN AN ACTUAL PHYSICAL INJURY TO YOUR SON, WE WILL GIVE CONSIDERATION TO ANY INFORMATION YOU MAY SUBMIT WITH RESPECT THERETO. IF YOU PREFER YOU MAY SUBMIT ANY SUCH INFORMATION TO THE DEPARTMENT OF THE NAVY FOR CONSIDERATION AND RECOMMENDATION TO THIS OFFICE. YOU ARE ADVISED, HOWEVER, THAT AN EXPRESSION OF OPINION ON YOUR PART, TO BE PERSUASIVE, SHOULD BE SUPPORTED BY MEDICAL EVIDENCE OR OPINION FURNISHED BY A DOCTOR OR DOCTORS WHO TREATED YOUR SON FOR AN INJURY DURING THE PERIOD HERE INVOLVED.