B-116603, SEP. 24, 1957

B-116603: Sep 24, 1957

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YOUR CLAIM WAS DISALLOWED ON THE BASIS THAT YOU HAD NOT ESTABLISHED A CLEAR SHOWING OF ENTITLEMENT TO THE LUMP-SUM PAYMENT. THE ADMINISTRATIVE RECORDS SHOW THAT DURING THE PERIOD OF YOUR EMPLOYMENT THERE WERE 2717 HOURS OF YOUR UNEXPLAINED ABSENCE FROM THE ASSAY OFFICE. IT APPEARS THAT AS A PRESIDENTIAL APPOINTEE YOU WERE ENTITLED TO RECEIVE. THE COMPENSATION THEREOF REGARDLESS OF YOUR PRESENCE OR ABSENCE FROM THE PLACE WHERE YOUR DUTIES NORMALLY WERE PERFORMED. THAT EACH BE CHARGED WITH LEAVE OF ABSENCE WHEN ABSENT FROM THE PLACE WHERE THEIR DUTIES WERE TO BE PERFORMED. IS BROUGHT INTO QUESTION BY THE PRESENCE OF OTHER FACTS IT MAY NOT BE UNQUALIFIEDLY ACCEPTED AS EVIDENCE OF THE AMOUNT OF LEAVE DUE.

B-116603, SEP. 24, 1957

TO MR. JAMES J. ANDREWS:

YOUR LETTER OF JULY 23, 1957, REQUESTS REVIEW OF SETTLEMENT CERTIFICATE DATED SEPTEMBER 4, 1953, WHICH DISALLOWED YOUR CLAIM FOR LUMP-SUM PAYMENT FOR 478 HOURS OF ACCUMULATED ANNUAL LEAVE ALLEGED TO BE DUE UPON THE DATE OF YOUR RESIGNATION AS SUPERINTENDENT OF THE UNITED STATES ASSAY OFFICE IN NEW YORK CITY UNDER PRESIDENTIAL APPOINTMENT WITH SALARY AT $11,800 PER ANNUM.

YOUR CLAIM WAS DISALLOWED ON THE BASIS THAT YOU HAD NOT ESTABLISHED A CLEAR SHOWING OF ENTITLEMENT TO THE LUMP-SUM PAYMENT. THE ADMINISTRATIVE RECORDS SHOW THAT DURING THE PERIOD OF YOUR EMPLOYMENT THERE WERE 2717 HOURS OF YOUR UNEXPLAINED ABSENCE FROM THE ASSAY OFFICE. IT APPEARS THAT AS A PRESIDENTIAL APPOINTEE YOU WERE ENTITLED TO RECEIVE, BY VIRTUE OF TITLE TO YOUR OFFICE, THE COMPENSATION THEREOF REGARDLESS OF YOUR PRESENCE OR ABSENCE FROM THE PLACE WHERE YOUR DUTIES NORMALLY WERE PERFORMED. HOWEVER, THE ANNUAL LEAVE STATUTES APPLIED TO OFFICERS AND EMPLOYEES ALIKE AND REQUIRED, EXCEPT WHEN AWAY ON OFFICIAL BUSINESS, THAT EACH BE CHARGED WITH LEAVE OF ABSENCE WHEN ABSENT FROM THE PLACE WHERE THEIR DUTIES WERE TO BE PERFORMED. THUS, WHEN AN OFFICER'S CERTIFICATE AS TO ACCUMULATED LEAVE, WHICH MUST BE PERSONAL, IS BROUGHT INTO QUESTION BY THE PRESENCE OF OTHER FACTS IT MAY NOT BE UNQUALIFIEDLY ACCEPTED AS EVIDENCE OF THE AMOUNT OF LEAVE DUE. AS THE 2717 HOURS OF UNEXPLAINED ABSENCE SHOWN BY THE ADMINISTRATIVE RECORDS FAR EXCEED THE 478 HOURS OF ANNUAL LEAVE WHICH YOU ALLEGE AS DUE YOU, NO LUMP-SUM PAYMENT FOR THE ALLEGED LEAVE MAY BE MADE TO YOU.

THEREFORE, THE SETTLEMENT OF SEPTEMBER 4, 1953, WAS CORRECT ON THE BASIS OF THE RECORD IN OUR OFFICE, AND IS SUSTAINED.