B-11371, JUL. 15, 1955

B-11371: Jul 15, 1955

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HAVE RECEIVED CAREFUL ATTENTION IN ANOTHER REVIEW OF YOUR CLAIM. THE PRINCIPAL QUESTION PRESENTED IS WHETHER THERE IS ANY VALID BASIS FOR REQUESTING THE FEDERAL RECORDS CENTER AT ST. TO MAKE FURTHER SEARCH FOR SOME EVIDENCE WHICH YOU BELIEVE WILL SUPPORT YOUR ALLEGATIONS AND FURTHER QUESTIONING OF THE DISPOSITION MADE OF YOUR CLAIM. THE SUBSTANCE OF YOUR ALLEGATIONS DURING THE YEARS SINCE 1938 IS THAT YOU WERE UNDERPAID AT ILLEGAL PAY RATES FOR SERVICES YOU RENDERED INTERMITTENTLY AS A WELDER (ACETYLENE) WHILE EMPLOYED BY THE U.S. ALL OF WHICH WERE FULLY CONSIDERED BY THE FORMER COMPTROLLER GENERAL AND THE ACTING COMPTROLLER GENERAL AS WELL AS BY NUMEROUS OTHER OFFICIALS OF THE GENERAL ACCOUNTING OFFICE AND OF THE TREASURY DEPARTMENT WHOM YOU HAVE CONTACTED AT VARIOUS TIMES.

B-11371, JUL. 15, 1955

TO MR. DONALD W. OSWALT:

YOUR LETTERS OF APRIL 7 AND 13, MAY 13, AND 26, AND JUNE 13, 1955, AND ENCLOSURES, HAVE RECEIVED CAREFUL ATTENTION IN ANOTHER REVIEW OF YOUR CLAIM. THE PRINCIPAL QUESTION PRESENTED IS WHETHER THERE IS ANY VALID BASIS FOR REQUESTING THE FEDERAL RECORDS CENTER AT ST. LOUIS, MISSOURI, TO MAKE FURTHER SEARCH FOR SOME EVIDENCE WHICH YOU BELIEVE WILL SUPPORT YOUR ALLEGATIONS AND FURTHER QUESTIONING OF THE DISPOSITION MADE OF YOUR CLAIM.

THE SUBSTANCE OF YOUR ALLEGATIONS DURING THE YEARS SINCE 1938 IS THAT YOU WERE UNDERPAID AT ILLEGAL PAY RATES FOR SERVICES YOU RENDERED INTERMITTENTLY AS A WELDER (ACETYLENE) WHILE EMPLOYED BY THE U.S. DISTRICT ENGINEER AT MEMPHIS, TENNESSEE, DURING THE PERIOD FROM JANUARY 1931 TO MARCH 1938. YOUR LETTERS AND RECENT TELEPHONE CALLS REPRESENT NO MORE THAN REITERATIONS OF YOUR PREVIOUS ASSERTIONS, ALL OF WHICH WERE FULLY CONSIDERED BY THE FORMER COMPTROLLER GENERAL AND THE ACTING COMPTROLLER GENERAL AS WELL AS BY NUMEROUS OTHER OFFICIALS OF THE GENERAL ACCOUNTING OFFICE AND OF THE TREASURY DEPARTMENT WHOM YOU HAVE CONTACTED AT VARIOUS TIMES.

AS STATED, YOUR CLAIM HAS RECEIVED MOST CAREFUL CONSIDERATION AND INDEPENDENT REVIEW MANY TIMES WITHIN OUR OFFICE. YOU HAVE REPEATEDLY BEEN ADVISED THAT THE BASIS OF YOUR CLAIM, AS WELL AS THE TYPE OF COMPENSATION CLAIMED, IS BEYOND THE SCOPE OF ANY LAW OR REGULATION UPON WHICH THE OFFICE COULD CERTIFY ANY AMOUNT AS BEING DUE YOU. ALSO, WE DO NOT FIND A SUFFICIENT REASON TO ACCEDE TO YOUR DEMANDS THAT THE FEDERAL RECORDS CENTER BE REQUIRED TO MAKE REPEATED SEARCHES OF THE SELF-SAME RECORDS IN RESPONSE TO YOUR NUMEROUS INQUIRIES. SUCH INQUIRIES FROM TIME TO TIME ESSENTIALLY HAVE BEEN MERELY REPHRASED ASSERTIONS AND PIECE-MEAL QUESTIONS RAISED BY YOU, WITHOUT A SCINTILLA OF SUPPORT IN THE LAW. THE FACT, THAT SOME OF YOUR CO-WORKERS WERE PAID A HIGHER RATE--- DAILY OR PER ANNUM--- FOR SIMILAR WORK AT THE SAME OR AT SOME OTHER DUTY POINT, DOES NOT CONSTITUTE PROOF THAT YOU LEGALLY WERE ENTITLED TO A RATE HIGHER THAN THAT DESIGNATED IN EACH OF THE CHANGES IN YOUR EMPLOYMENTS AND REEMPLOYMENTS.

YOU WERE ADVISED EARLY IN THIS MATTER THAT THE ADMINISTRATIVE REGULATIONS AND DESIGNATIONS OF YOUR POSITIONS AND THE PAY RATES DUE YOU CANNOT BE REVISED OR CHANGED RETROACTIVELY, CERTAINLY NOT BY OUR OFFICE, SUCH BEING THE ULTIMATE EFFECT OF YOUR CLAIM. HENCE NO AMOUNT MAY BE CERTIFIED FOR PAYMENT TO YOU AT THE PER ANNUM RATE YOU CLAIM, NOTWITHSTANDING THAT YOU PROTESTED THE DAILY RATES OF PAY SPECIFIED ADMINISTRATIVELY FOR THE CLASS OF WORK YOU WERE ASSIGNED AT THE TIME. SUCH PAY RATES AND THE JOBS OR INTERMITTENT EMPLOYMENTS INVOLVED WERE AS OUTLINED IN OUR LETTER OF AUGUST 6, 1942, B-11371, TO YOU. ALTHOUGH YOU SAY SOME "DISCRIMINATION" EXISTED AT THE TIME, OR THEREAFTER, WE KNOW OF NO LAW OR REGULATION THAT GUARANTEED YOU A YEARLY RATE OF COMPENSATION SUCH AS YOU CLAIM. MOREOVER, WE KNOW OF NO PROCEDURE WHEREBY OUR OFFICE LEGALLY COULD INITIATE THE RELIEF YOU SEEK OR AN ADJUSTMENT BASED SOLELY UPON YOUR UNSUPPORTED ASSERTIONS THROUGHOUT THE YEARS SINCE 1938.

THEREFORE, WE CAN ONLY RENEW THE ADVICE CONVEYED TO YOU IN OUR LETTERS OF JANUARY 31, 1947, AND APRIL 27, 1954, B-11371, THAT FURTHER CORRESPONDENCE FROM YOU IN THE SAME VEIN AS PRESENTED NOW WILL SERVE NO USEFUL PURPOSE. HENCE, SUCH COMMUNICATIONS HEREAFTER WILL BE FILED WITHOUT ..END :