B-129368, NOV. 2, 1956

B-129368: Nov 2, 1956

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HENRY LEE MALICOAT: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 4. WHEREIN THE PROCEEDS OF A CHECK FOR $24.97 COVERING CIVIL SERVICE RETIREMENT DEDUCTIONS OTHERWISE DUE YOU WERE APPLIED IN PARTIAL LIQUIDATION OF YOUR INDEBTEDNESS TO THE UNITED STATES FOR TRANSPORTATION FURNISHED FROM OKLAHOMA CITY. THE GOVERNMENT WOULD HAVE NO CLAIM AGAINST YOU FOR THE TRAVEL EXPENSES INVOLVED. THE ONLY LIABILITY ON YOUR PART WOULD BE TO PAY YOUR RETURN EXPENSES AND THAT YOU SHOULD HAVE BEEN ENTITLED TO THAT ALSO BECAUSE YOUR RESIGNATION WAS DUE TO THE FACT THAT YOU COULD NOT PERFORM THE WORK TO WHICH YOU WERE ASSIGNED. THE RECORD ALSO DISCLOSES THAT THE REASON FOR SEPARATION GIVEN BY YOU WAS "TO RETURN TO THE FARM.'.

B-129368, NOV. 2, 1956

TO MR. HENRY LEE MALICOAT:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 4, 1956, RELATIVE TO OUR SETTLEMENT DATED MARCH 21, 1949, WHEREIN THE PROCEEDS OF A CHECK FOR $24.97 COVERING CIVIL SERVICE RETIREMENT DEDUCTIONS OTHERWISE DUE YOU WERE APPLIED IN PARTIAL LIQUIDATION OF YOUR INDEBTEDNESS TO THE UNITED STATES FOR TRANSPORTATION FURNISHED FROM OKLAHOMA CITY, OKLAHOMA, TO VALLEJO, CALIFORNIA, UNDER AN EMPLOYMENT AGREEMENT DATED JUNE 12, 1943, TO ACCEPT EMPLOYMENT AT THE MARE ISLAND NAVY YARD, CALIFORNIA.

AS POINTED OUT IN OUR LETTER OF AUGUST 29, 1956, TO YOU, THE AGREEMENT STIPULATED THAT IF YOU REMAINED IN THE EMPLOYMENT OF THE UNITED STATES FOR A PERIOD OF SIX MONTHS, THE GOVERNMENT WOULD HAVE NO CLAIM AGAINST YOU FOR THE TRAVEL EXPENSES INVOLVED. ALSO, WE INVITED YOUR ATTENTION TO THE PROVISION IN THE AGREEMENT THAT IF YOU DID NOT REMAIN FOR THE FULL PERIOD, YOU WOULD REIMBURSE THE GOVERNMENT FOR THE TRANSPORTATION IN THE AMOUNT OF $28.15. SINCE YOU DID NOT FULFILL THE AGREEMENT BUT RESIGNED SEPTEMBER 11, 1943, YOU BECAME INDEBTED TO THE UNITED STATES FOR THE TRANSPORTATION FURNISHED YOU. THE APPLICATION OF THE $24.97 LEFT A REMAINING BALANCE OF $3.18 DUE THE UNITED STATES.

IN YOUR LETTER OF SEPTEMBER 4, 1956, YOU SAY THAT ACCORDING TO YOUR UNDERSTANDING OF THE AGREEMENT, IF YOU RESIGNED BEFORE SIX MONTHS, THE ONLY LIABILITY ON YOUR PART WOULD BE TO PAY YOUR RETURN EXPENSES AND THAT YOU SHOULD HAVE BEEN ENTITLED TO THAT ALSO BECAUSE YOUR RESIGNATION WAS DUE TO THE FACT THAT YOU COULD NOT PERFORM THE WORK TO WHICH YOU WERE ASSIGNED. THE RECORD DOES NOT BEAR OUT SUCH STATEMENTS. THE AGREEMENT WHICH YOU SIGNED STATES IN CLEAR AND UNEQUIVOCAL TERMS THAT YOU WOULD NOT VOLUNTARILY LEAVE THE ASSIGNED EMPLOYMENT WITHIN A PERIOD OF SIX MONTHS FROM DATE OF ACTUAL ENTRY ON DUTY, AND FURTHERMORE, THAT IF YOU DID SO RESIGN YOU WOULD REPAY TO THE UNITED STATES A SUM OF MONEY EQUIVALENT TO THAT EXPENDED BY THE GOVERNMENT IN FURNISHING YOU TRANSPORTATION TO VALLEJO. THE RECORD ALSO DISCLOSES THAT THE REASON FOR SEPARATION GIVEN BY YOU WAS "TO RETURN TO THE FARM.'

ACCORDINGLY, UPON REVIEW, THE SETTLEMENT OF MARCH 21, 1949, IS SUSTAINED.