B-114597, NOV. 29, 1961

B-114597: Nov 29, 1961

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WHILE YOU WERE EMPLOYED BY THE VETERANS ADMINISTRATION. YOU CLAIM SUCH ADDITIONAL COMPENSATION ON THE BASIS THAT DURING THAT PERIOD YOU PERFORMED DUTIES PROPERLY ASSIGNABLE TO A GS-11 (P-4) EMPLOYEE ALTHOUGH YOU WERE EMPLOYED AND PAID AT THE GS-9 (P-3) LEVEL. YOUR PETITION FOR REHEARING WAS OVERRULED ON JUNE 5. SINCE YOUR ENTITLEMENT TO COMPENSATION FOR THE PERIOD OCTOBER 1949 TO APRIL 1951 HAS BEEN THE SUBJECT OF A SUIT IN THE COURT OF CLAIMS IT IS RES JUDICATA AND CANNOT BE CONSIDERED FURTHER BY OUR OFFICE. THE DISALLOWANCE OF YOUR CLAIM AGAIN MUST BE AND IS SUSTAINED.

B-114597, NOV. 29, 1961

TO MR. ANDREW KENNY:

ON NOVEMBER 8, 1961, YOU AGAIN REQUESTED THAT WE RECONSIDER OUR DECISIONS OF MAY 6 AND JULY 20, 1953, WHICH AFFIRMED THE DISALLOWANCE OF YOUR CLAIM FOR ADDITIONAL COMPENSATION FROM OCTOBER 1949 TO APRIL 1951, WHILE YOU WERE EMPLOYED BY THE VETERANS ADMINISTRATION. YOU CLAIM SUCH ADDITIONAL COMPENSATION ON THE BASIS THAT DURING THAT PERIOD YOU PERFORMED DUTIES PROPERLY ASSIGNABLE TO A GS-11 (P-4) EMPLOYEE ALTHOUGH YOU WERE EMPLOYED AND PAID AT THE GS-9 (P-3) LEVEL.

IN PARAGRAPH 10 OF YOUR PETITION IN THE COURT OF CLAIMS, FILED MARCH 24, 1955, YOU ASKED JUDGMENT AGAINST THE UNITED STATES FOR THE ADDITIONAL COMPENSATION HERE IN QUESTION. IN KENNY V. UNITED STATES, 134 CT.CL. 442, DECIDED MARCH 6, 1956, THE COURT DID NOT GRANT YOU JUDGMENT FOR ANY AMOUNT AS A RESULT OF THAT CAUSE OF ACTION. YOUR PETITION FOR REHEARING WAS OVERRULED ON JUNE 5, 1956.

SINCE YOUR ENTITLEMENT TO COMPENSATION FOR THE PERIOD OCTOBER 1949 TO APRIL 1951 HAS BEEN THE SUBJECT OF A SUIT IN THE COURT OF CLAIMS IT IS RES JUDICATA AND CANNOT BE CONSIDERED FURTHER BY OUR OFFICE.

THEREFORE, THE DISALLOWANCE OF YOUR CLAIM AGAIN MUST BE AND IS SUSTAINED.