B-112693, FEB. 20, 1957

B-112693, FEB. 20, 1957

TO MRS. BERTHE KEELER:

YOUR LETTER OF DECEMBER 6, 1956, IN EFFECT CONTENDS THAT YOU WERE ON DUTY AS A STENOGRAPHER WITH THE FEDERAL HOUSING ADMINISTRATION ON CERTAIN DAYS IN 1951 WHEN YOU WERE OFFICIALLY CARRIED IN A LEAVE WITHOUT PAY STATUS. THE PARTICULAR DATES INVOLVED, AND FOR WHICH YOU CLAIM COMPENSATION, ARE AS FOLLOWS:

TABLE

MAY 17, 1951 5 HOURS

MAY 18, 8 "

MAY 22, 8 "

MAY 23, 6 "

MAY 24, 8 "

MAY 25, 8 "

YOU ALSO CONTEND THAT CERTAIN STENOGRAPHIC MEMORANDA OF TELEPHONE CONVERSATIONS ON MAY 23 AND MAY 24, 1951, BETWEEN MR. DONALD M. RALSTON, DEPUTY DIRECTOR OF PERSONNEL, FEDERAL HOUSING ADMINISTRATION, AND MR. JAMES B. BAUGH, JR., CONGRESSIONAL CONTACT REPRESENTATIVE FOR THE CIVIL SERVICE COMMISSION, AND BETWEEN MR. RALSTON AND YOURSELF, WHICH INDICATE THAT YOU WERE NOT ON DUTY AT THE FEDERAL HOUSING ADMINISTRATION BUT WERE OTHERWISE ENGAGED ON CERTAIN OF THE DATES IN QUESTION, ARE UNTRUE. ONE OF THESE STENOGRAPHIC REPORTS IS TO THE EFFECT THAT, IN A TELEPHONE CONVERSATION WITH MR. RALSTON ON MAY 24, 1951, YOU SAID YOU "WERE DOWN AT THE G STREET POST OFFICE" CHECKING ON NONRECEIPT OF A LETTER WHICH HAD BEEN ADDRESSED TO YOU. YOU SUBMIT AN AFFIDAVIT FROM THE POSTMASTER AT WASHINGTON, D.C., TO THE EFFECT THAT THE G STREET STATION OF THE WASHINGTON POST OFFICE IN THE WOODWARD AND LOTHROP STORE WAS CLOSED IN 1943 AND SINCE THEN THAT THE WASHINGTON POST OFFICE HAS NOT OPERATED ANY POSTAL STATION ON G STREET.

COPIES OF THE TIME AND ATTENDANCE REPORT FOR THE PERIOD, SUBMITTED BY THE FEDERAL HOUSING ADMINISTRATION, SHOW YOU WERE CARRIED ON LEAVE WITHOUT PAY ON THE DATES AND HOURS SHOWN ABOVE. ALSO, WHILE SUCH LEAVE REPORT IS NOT INITIALED BY YOU, THE CARD BEARS THE NOTATION "UNABLE TO CONTACT MRS. KEELER TO HAVE HER SIGN FOR HER LWOP.' IT IS REPORTED THAT THE DAILY LEAVE AND TIME SHEETS ARE NOW NOT AVAILABLE, HAVING BEEN DESTROYED IN THE RECORDS DISPOSAL PROGRAM AND THAT ALL AVAILABLE INFORMATION INDICATES YOU WERE NOT ON DUTY AT THE TIMES IN QUESTION AND PROPERLY WERE CHARGED WITH LEAVE WITHOUT PAY.

AS YOU PREVIOUSLY WERE INFORMED, IN THE SETTLEMENT OF CLAIMS AGAINST THE UNITED STATES, WE MUST NECESSARILY RELY UPON THE FACTS REPORTED BY THE GOVERNMENT AGENCY INVOLVED AND IT MUST BE OBVIOUS TO YOU THAT IN SUCH A MATTER WE HAVE NO FIRSTHAND INFORMATION. THE REPORT OF THE FEDERAL HOUSING ADMINISTRATION, AS STATED ABOVE, IS THAT YOU WERE NOT ON DUTY ON THE DATES IN QUESTION. SUCH REPORT IS SUBSTANTIATED BY MEMORANDA OF TELEPHONE CONVERSATIONS MADE AT THE TIME--- LONG PRIOR TO THE FILING OF YOUR CLAIM--- BY A GOVERNMENT EMPLOYEE WHO, SO FAR AS THE RECORD HERE SHOWS, IS DISINTERESTED IN THE OUTCOME. ALSO, THE AFFIDAVIT OF THE POSTMASTER THAT THERE WAS NO POSTAL STATION ON G STREET AFTER 1943 DOES NOT REFUTE THE STENOGRAPHIC MEMORANDUM OF THE TELEPHONE CONVERSATION THAT YOU SAID YOU "WERE DOWN AT THE G STREET POST OFFICE.' ALL THE MEMORANDUM PURPORTS TO REPORT IS WHAT YOU STATED. WHETHER YOU WERE MISTAKEN AS TO THE LOCATION OF THE POST OFFICE OR WHETHER YOU WENT TO THE POST OFFICE AT ALL, DOES NOT AFFECT THE VALIDITY OF THE STENOGRAPHIC REPORT. THE ADMINISTRATIVE REPORT SUPPORTED BY MEMORANDA OF CONTEMPORANEOUS TELEPHONE CONVERSATIONS ARE EVIDENCE NOT OVERCOME BY YOUR SELF-SERVING STATEMENTS DENYING THE TRUTH OF RECITALS THEREIN. WE MUST THEREFORE AGAIN CONCLUDE THAT THE VALIDITY OF YOUR CLAIM IS SO DOUBTFUL THAT WE WOULD NOT BE WARRANTED IN CERTIFYING IT FOR PAYMENT. AS TO CLAIMS, OF SUCH DOUBTFUL VALIDITY, IT IS WELL ESTABLISHED THAT THE ACCOUNTING OFFICERS OF THE GOVERNMENT ARE NOT AUTHORIZED TO CERTIFY THEM FOR PAYMENT BUT ARE REQUIRED TO REJECT THEM, LEAVING THE CLAIMANT TO HIS REMEDY, IF ANY, AT LAW. SEE LONGWILL V. UNITED STATES, 17 C.CLS. 288, 291, AND CHARLES V. UNITED STATES, 19 C.CLS. 316, 319.

MOREOVER, IN VIEW OF THE NUMBER OF TIMES THAT YOUR CLAIM HAS BEEN CONSIDERED HERE, AND THE SEVERAL OPPORTUNITIES GIVEN YOU TO PRODUCE EVIDENCE IN SUBSTANTIATION THEREOF, THE REFUSAL TO CERTIFY THE CLAIM FOR PAYMENT MUST BE CONSIDERED AS OUR FINAL ACTION IN THE MATTER AND FURTHER SIMILAR CORRESPONDENCE TO THIS OR OTHER ADMINISTRATIVE OFFICES OF THE GOVERNMENT WOULD APPEAR TO SERVE NO USEFUL PURPOSE.