B-126391, JAN. 13, 1956

B-126391: Jan 13, 1956

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IN WHICH YOU WERE ALLOWED THE GROSS AMOUNT OF $9.58 LESS WITHHOLDING TAX OF $1.72. THE DISALLOWANCE OF THE REMAINDER OF YOUR CLAIM WAS BASED UPON THE RECORDS SHOWING THAT PRIOR TO FEBRUARY 26. MYERS PERFORMED HIS SERVICES IN ACCORDANCE WITH THE REGULATIONS THEN IN FORCE YOU FEEL THAT YOUR CLAIM IS JUSTIFIED. ADDITIONAL COMPENSATION FOR THE SERVICES INVOLVED IN YOUR CLAIM PROPERLY WAS EXCLUDED FROM THE SETTLEMENT. UPON REVIEW THE SETTLEMENT IS SUSTAINED.

B-126391, JAN. 13, 1956

TO MR. F. J. MCCORMACK:

YOUR LETTER OF DECEMBER 3, 1955, REQUESTS REVIEW OF THE SETTLEMENT OF OCTOBER 11, 1955, IN WHICH YOU WERE ALLOWED THE GROSS AMOUNT OF $9.58 LESS WITHHOLDING TAX OF $1.72, OR THE NET AMOUNT OF $7.86, UPON YOUR CLAIM OF $534 FOR EXTRA COMPENSATION FOR SERVICES AS AN EMPLOYEE OF THE BUREAU OF CUSTOMS, DEPARTMENT OF THE TREASURY, DURING THE PERIOD JANUARY 7, 1940, TO DECEMBER 18, 1944. THE DISALLOWANCE OF THE REMAINDER OF YOUR CLAIM WAS BASED UPON THE RECORDS SHOWING THAT PRIOR TO FEBRUARY 26, 1944, YOU HAD BEEN PAID IN FULL FOR ALL SERVICES RENDERED UNDER THE REGULATIONS THEN IN FORCE. THE AMOUNT ALLOWED REPRESENTED CORRECTION OF ERRORS IN PAYMENTS MADE AFTER THAT DATE. YOU CALL ATTENTION TO THE DECISION IN THE CASE OF UNITED STATES V. MYERS, 320 U.S. 561, AND STATE AS MR. MYERS PERFORMED HIS SERVICES IN ACCORDANCE WITH THE REGULATIONS THEN IN FORCE YOU FEEL THAT YOUR CLAIM IS JUSTIFIED. YOUR CLAIM APPEARS TO BE BASED UPON DUTIES PERFORMED ON IRREGULAR AND SPECIAL ASSIGNMENTS AS DISTINGUISHED FROM SERVICES PERFORMED DURING REGULAR HOURS OF DUTY. THE DECISION IN THE MYERS CASE INVOLVED ONLY REGULAR HOURS OF DUTY. IN ACCORDANCE WITH DECISIONS B-83430, B-82859, B-79866 OF AUGUST 1, 1949, COPY ENCLOSED, INVOLVING A SIMILAR QUESTION WITH RESPECT TO IMMIGRATION INSPECTORS, ADDITIONAL COMPENSATION FOR THE SERVICES INVOLVED IN YOUR CLAIM PROPERLY WAS EXCLUDED FROM THE SETTLEMENT. UPON REVIEW THE SETTLEMENT IS SUSTAINED.