B-103405, AUGUST 16, 1951, 31 COMP. GEN. 35

B-103405: Aug 16, 1951

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COMPENSATION - LOSSES SUSTAINED IN COMPLYING WITH ORDER OF LOCAL DRAFT BOARD AN EMPLOYEE OF THE MILITARY SEA TRANSPORTATION SERVICE WHO WAS UNABLE TO SAIL ON HIS ASSIGNED VESSEL DUE TO THE LOCAL SELECTIVE SERVICE DRAFT BOARD ORDERING HIM TO REMAIN IN THE UNITED STATES PENDING A PHYSICAL EXAMINATION IS NOT ENTITLED TO COMPENSATION LOST AS A RESULT OF SUCH ACTION. 1951: REFERENCE IS MADE TO YOUR LETTER POSTMARKED APRIL 21. YOU WERE PREVENTED FROM ENGAGING IN YOUR EMPLOYMENT WITH THE MILITARY SEA TRANSPORTATION SERVICE. - THUS PRECLUDING YOU FROM SAILING WITH THE VESSEL TO WHICH YOU WERE ASSIGNED. YOUR CLAIM WAS CONSIDERED BY THE CLAIMS DIVISION OF THIS OFFICE AS ONE FOR UNJUSTIFIED DISMISSAL FROM THE ARMY TRANSPORT SERVICE AND WAS DISALLOWED BY SETTLEMENT DATED MARCH 23.

B-103405, AUGUST 16, 1951, 31 COMP. GEN. 35

COMPENSATION - LOSSES SUSTAINED IN COMPLYING WITH ORDER OF LOCAL DRAFT BOARD AN EMPLOYEE OF THE MILITARY SEA TRANSPORTATION SERVICE WHO WAS UNABLE TO SAIL ON HIS ASSIGNED VESSEL DUE TO THE LOCAL SELECTIVE SERVICE DRAFT BOARD ORDERING HIM TO REMAIN IN THE UNITED STATES PENDING A PHYSICAL EXAMINATION IS NOT ENTITLED TO COMPENSATION LOST AS A RESULT OF SUCH ACTION, THERE BEING NO LAW MAKING APPROPRIATED FUNDS AVAILABLE FOR PAYMENT OF COMPENSATION LOSSES SUSTAINED BY A SELECTIVE SERVICE REGISTRANT AS A RESULT OF COMPLIANCE WITH AN ORDER, VALID OR OTHERWISE, OF A LOCAL DRAFT BOARD.

COMPTROLLER GENERAL WARREN TO ALAN H. SAWYER, AUGUST 16, 1951:

REFERENCE IS MADE TO YOUR LETTER POSTMARKED APRIL 21, 1951, RELATIVE TO YOUR CLAIM FOR COMPENSATION DURING A PERIOD WHEN, YOU ALLEGE, YOU WERE PREVENTED FROM ENGAGING IN YOUR EMPLOYMENT WITH THE MILITARY SEA TRANSPORTATION SERVICE, DEPARTMENT OF THE NAVY, BY REASON OF THE ACTION OF YOUR LOCAL DRAFT BOARD IN ORDERING YOU TO REMAIN IN THE UNITED STATES PENDING PHYSICAL EXAMINATION--- THUS PRECLUDING YOU FROM SAILING WITH THE VESSEL TO WHICH YOU WERE ASSIGNED.

YOUR CLAIM WAS CONSIDERED BY THE CLAIMS DIVISION OF THIS OFFICE AS ONE FOR UNJUSTIFIED DISMISSAL FROM THE ARMY TRANSPORT SERVICE AND WAS DISALLOWED BY SETTLEMENT DATED MARCH 23, 1951, FOR THE REASONS, IN SUBSTANCE, THAT THE MATTER OF THE DISMISSAL OR SUSPENSION OF AN EMPLOYEE IS ONE WITHIN THE JURISDICTION OF THE EMPLOYING AGENCY RATHER THAN THIS OFFICE, AND THAT A CLAIM SUCH AS YOURS FOR A PERIOD DURING WHICH NO SERVICES WERE RENDERED MAY NOT BE ALLOWED BY THIS OFFICE. IN YOUR PRESENT LETTER, YOU STATE THAT YOU WERE NOT DISMISSED BUT ALLEGE THAT YOU WERE FORCED BY THE DRAFT BOARD TO LEAVE YOUR SHIP.

THERE IS NO LAW MAKING APPROPRIATION OF THE MILITARY SEA TRANSPORTATION SERVICE, OR ANY OTHER APPROPRIATED FUNDS, AVAILABLE FOR PAYMENT OF COMPENSATION LOSSES SUSTAINED BY SELECTIVE SERVICE REGISTRANTS AS A RESULT OF COMPLIANCE WITH AN ORDER, VALID OR OTHERWISE, ISSUED BY A LOCAL DRAFT BOARD IN CONNECTION WITH ADMINISTRATION OF THE SELECTIVE SERVICE LAW. ACCORDINGLY, THIS OFFICE IS WITHOUT AUTHORITY TO ALLOW CLAIMS SUCH AS YOURS, AND, THEREFORE, UPON REVIEW, THE DISALLOWANCE OF YOUR CLAIM MUST BE SUSTAINED.