B-129551, NOV. 14, 1956

B-129551: Nov 14, 1956

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HORSLEY: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 9. OR IS A MEMBER OF AN ORGANIZATION THAT ADVOCATES. OR IS A MEMBER OF AN ORGANIZATION WHICH ADVOCATES. THE OVERTHROW OF THE GOVERNMENT OF THE UNITED STATES BY FORCE OR VIOLENCE WITHIN THE STATUTORY PROHIBITION PRIMARILY IS FOR ADMINISTRATIVE DETERMINATION. SUCH DETERMINATION WHEN MADE IS NOT OPEN TO QUESTION BY OUR OFFICE. SINCE NO APPEAL WAS TIMELY FILED BY YOU WITH THE LOYALTY REVIEW BOARD THE DEPARTMENT'S CONCLUSION IS BINDING UPON OUR OFFICE.

B-129551, NOV. 14, 1956

TO MR. BENJAMIN F. HORSLEY:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 9, 1956, REQUESTING REVIEW OF OUR SETTLEMENT DATED AUGUST 17, 1951, WHICH DISALLOWED YOUR CLAIM FOR UNPAID SALARY AND LUMP-SUM LEAVE PAYMENT ALLEGED TO BE DUE ON DATE OF SEPARATION AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY.

IT APPEARS THAT YOU RESIGNED FROM THE SERVICE AFTER RECEIPT OF ADMINISTRATIVE NOTICE OF SUSPENSION PENDING ADJUDICATION OF LOYALTY AND SECURITY IN YOUR CASE ON MARCH 17, 1951. THE DISALLOWANCE OF YOUR CLAIM RESULTED FROM THE RESTRICTION WHICH CONGRESS PLACED UPON THE USE OF APPROPRIATIONS FOR THE PAYMENT OF COMPENSATION TO A PERSON "WHO ADVOCATES, OR IS A MEMBER OF AN ORGANIZATION THAT ADVOCATES, THE OVERTHROW OF THE GOVERNMENT OF THE UNITED STATES BY FORCE OR VIOLENCE.' SEE SECTION 1209 OF THE GENERAL APPROPRIATION ACT, 1951, 64 STAT. 764.

THE QUESTION OF WHETHER AN EMPLOYEE ADVOCATES, OR IS A MEMBER OF AN ORGANIZATION WHICH ADVOCATES, THE OVERTHROW OF THE GOVERNMENT OF THE UNITED STATES BY FORCE OR VIOLENCE WITHIN THE STATUTORY PROHIBITION PRIMARILY IS FOR ADMINISTRATIVE DETERMINATION, AND SUCH DETERMINATION WHEN MADE IS NOT OPEN TO QUESTION BY OUR OFFICE. BY LETTER DATED JUNE 28, 1951, THE DEPARTMENT OF THE ARMY, IN REPORTING ON YOUR CLAIM, CONCLUDED THAT YOUR ACTIVITIES BROUGHT YOU WITHIN THE RESTRICTIVE PROVISION OF THE GENERAL APPROPRIATION ACT, 1951. SINCE NO APPEAL WAS TIMELY FILED BY YOU WITH THE LOYALTY REVIEW BOARD THE DEPARTMENT'S CONCLUSION IS BINDING UPON OUR OFFICE.

ACCORDINGLY, OUR SETTLEMENT OF AUGUST 17, 1951, TO THE EXTENT THAT IT DISALLOWED YOUR CLAIM, IS ..END :