B-113818, AUG. 31, 1961

B-113818: Aug 31, 1961

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THE REPORT RECEIVED FROM THE ARMY SHOWS THAT IT WAS THE POLICY OF THE ORGANIZATION BY WHICH YOU WERE EMPLOYED AT THE TIME IN QUESTION TO GRANT LEAVE TO A NONCITIZEN EMPLOYEE PAID AT HOURLY RATES ONLY AFTER HE HAD COMPLETED SIX MONTHS' SERVICE WITHOUT A BREAK OF SO MUCH AS ONE DAY. THE RECORD SHOWS THAT YOU WERE ABSENT FROM WORK ON VARIOUS DAYS DURING 1942 AND 1943. THERE WAS NO PERIOD OF SIX MONTHS DURING WHICH SUCH A BREAK IN SERVICE DID NOT OCCUR. WE HAVE NO OPTION BUT TO SUSTAIN OUR DECISION OF MAY 18.

B-113818, AUG. 31, 1961

TO MR. MANUEL CARRERA R.:

ON AUGUST 15, 1961, YOU REQUESTED REVIEW OF OUR DECISION OF MAY 18, 1953, WHICH DISALLOWED YOUR CLAIM FOR AN ADDITIONAL PAYMENT FOR ANNUAL LEAVE BELIEVED DUE YOU INCIDENT TO YOUR SEPARATION FROM CIVILIAN EMPLOYMENT WITH THE WAR DEPARTMENT, QUARTERMASTER AND ENGINEER DEPOT, FORT GULICK, CANAL ZONE, ON JULY 19, 1944.

THE REPORT RECEIVED FROM THE ARMY SHOWS THAT IT WAS THE POLICY OF THE ORGANIZATION BY WHICH YOU WERE EMPLOYED AT THE TIME IN QUESTION TO GRANT LEAVE TO A NONCITIZEN EMPLOYEE PAID AT HOURLY RATES ONLY AFTER HE HAD COMPLETED SIX MONTHS' SERVICE WITHOUT A BREAK OF SO MUCH AS ONE DAY. THAT LEAVE POLICY DID NOT VIOLATE ANY CONTROLLING STATUTE OR REGULATION.

THE RECORD SHOWS THAT YOU WERE ABSENT FROM WORK ON VARIOUS DAYS DURING 1942 AND 1943, AND THAT BETWEEN YOUR EMPLOYMENT ON DECEMBER 16, 1941, AND APRIL 23, 1943, THERE WAS NO PERIOD OF SIX MONTHS DURING WHICH SUCH A BREAK IN SERVICE DID NOT OCCUR.

ON THE BASIS OF THE RECORD BEFORE US, WE HAVE NO OPTION BUT TO SUSTAIN OUR DECISION OF MAY 18, 1953. THEREFORE, THE DISALLOWANCE OF YOUR CLAIM MUST AGAIN BE SUSTAINED.