B-125689, NOV. 8, 1955

B-125689: Nov 8, 1955

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BRANDT: REFERENCE IS MADE TO YOUR POST CARD DATED SEPTEMBER 10. THE CLAIM WAS DISALLOWED BY OUR SETTLEMENTS DATED JULY 9. WHILE YOU HAVE NOT IDENTIFIED THE COURT RULING TO WHICH YOU REFER. IT IS BELIEVED THAT YOU HAVE REFERENCE TO THE CASE OF ALFRED C. - WHOSE RATES OF COMPENSATION ARE PRESCRIBED BY LAW. SINCE THE RECORD INDICATES THAT YOU WERE A PER ANNUM EMPLOYEE (NOT A PER DIEM EMPLOYEE) DURING THE PERIOD COVERED BY YOUR CLAIM.

B-125689, NOV. 8, 1955

TO MR. CLINTON H. BRANDT:

REFERENCE IS MADE TO YOUR POST CARD DATED SEPTEMBER 10, 1955, RELATIVE TO YOUR CLAIM FOR OVERTIME COMPENSATION AS AN EMPLOYEE OF THE WAR DEPARTMENT (NOW DEPARTMENT OF THE ARMY), DUNCAN FIELD, SAN ANTONIO, TEXAS, DURING THE PERIOD JUNE 20, 1940, THROUGH JULY 31, 1942. THE CLAIM WAS DISALLOWED BY OUR SETTLEMENTS DATED JULY 9, 1947, AND SEPTEMBER 29, 1948. YOU NOW REQUEST THAT YOUR CLAIM BE RECONSIDERED IN VIEW OF A RECENT COURT RULING WHICH YOU SAY FAVORS YOUR CLAIM.

WHILE YOU HAVE NOT IDENTIFIED THE COURT RULING TO WHICH YOU REFER, IT IS BELIEVED THAT YOU HAVE REFERENCE TO THE CASE OF ALFRED C. BERGH, ET AL. V. THE UNITED STATES, COURT OF CLAIMS NO. 269-52, JULY 12, 1955. THAT DECISION APPLIES TO PER DIEM EMPLOYEES WHO CLAIMED GRATUITY PAY FOR EACH HOLIDAY ON WHICH THEY WORKED DURING WORLD WAR II. THE CASE DOES NOT APPLY IN ANY RESPECT TO PER ANNUM EMPLOYEES--- SUCH AS CLASSIFIED EMPLOYEES OR POSTAL SERVICE EMPLOYEES--- WHOSE RATES OF COMPENSATION ARE PRESCRIBED BY LAW. SINCE THE RECORD INDICATES THAT YOU WERE A PER ANNUM EMPLOYEE (NOT A PER DIEM EMPLOYEE) DURING THE PERIOD COVERED BY YOUR CLAIM, THE DECISION DOES NOT AFFECT THE DISPOSITION OF YOUR CLAIM.

ACCORDINGLY, THERE APPEARS NO BASIS UPON WHICH WE MAY CHANGE THE ACTION TAKEN ON YOUR CLAIM.