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B-129939, JAN. 16, 1957

B-129939 Jan 16, 1957
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THE RECORDS SHOW YOU WERE PAID FOR 234 HOURS OF ANNUAL LEAVE (THE CORRECT NUMBER OF HOURS DUE YOU AS SHOWN BY YOUR LEAVE RECORD) AT THE NIGHT RATE OF $2.574 PER HOUR. THE TOTAL GROSS AMOUNT DUE YOU FOR THE LEAVE WAS $602.31 LESS A TAX DEDUCTION OF $94.62. THIS AMOUNT WAS PAID TO YOU BY TWO CHECKS. IT IS THEREFORE CLEAR THAT YOUR LUMP-SUM LEAVE PAYMENT WAS PAID AT THE CORRECT NIGHT RATE ADMINISTRATIVELY ESTABLISHED AS A RESULT OF RECOMMENDATIONS BY THE CIVIL SERVICE COMMISSION. HOWEVER YOU WERE ONLY PAID FROM YOUR POSITION ON FEBRUARY 24. YOU ARE NOT LEGALLY ENTITLED TO PAY FOR THAT DAY. THE RECORD ALSO SHOWS THAT FOR THE TOURS OF DUTY INDICATED AS NIGHT DUTY ON THE PAYROLL YOU HAVE BEEN PAID AT THE NIGHT RATE OF $2.574 PER HOUR.

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B-129939, JAN. 16, 1957

TO MR. EDWARD R. THEOBALD:

YOUR LETTER OF NOVEMBER 12, 1956, REQUESTS RECONSIDERATION OF OUR SETTLEMENT OF AUGUST 21, 1956, WHICH DISALLOWED YOUR CLAIM FOR AN ADDITIONAL AMOUNT FOR SALARY AND LUMP-SUM LEAVE PAYMENT INCIDENT TO YOUR SEPARATION AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY AT FORT SHERIDAN, ILLINOIS.

THE RECORDS SHOW YOU WERE PAID FOR 234 HOURS OF ANNUAL LEAVE (THE CORRECT NUMBER OF HOURS DUE YOU AS SHOWN BY YOUR LEAVE RECORD) AT THE NIGHT RATE OF $2.574 PER HOUR. THE TOTAL GROSS AMOUNT DUE YOU FOR THE LEAVE WAS $602.31 LESS A TAX DEDUCTION OF $94.62, OR A NET AMOUNT OF $507.69. THIS AMOUNT WAS PAID TO YOU BY TWO CHECKS, ONE FOR $421.18 AND A LATER CHECK FOR $86.51. IT IS THEREFORE CLEAR THAT YOUR LUMP-SUM LEAVE PAYMENT WAS PAID AT THE CORRECT NIGHT RATE ADMINISTRATIVELY ESTABLISHED AS A RESULT OF RECOMMENDATIONS BY THE CIVIL SERVICE COMMISSION.

CONCERNING YOUR CLAIM FOR SALARY AFTER FEBRUARY 23, 1956, THE RECORD SHOWS THAT, PURSUANT TO THE RECOMMENDATIONS OF THE UNITED STATES CIVIL SERVICE COMMISSION, THE DEPARTMENT OF THE ARMY MADE YOUR SEPARATION FROM THE SERVICE EFFECTIVE FEBRUARY 24, 1956. HOWEVER YOU WERE ONLY PAID FROM YOUR POSITION ON FEBRUARY 24, 1956. SINCE THE DEPARTMENT OF THE ARMY CARRIED YOU IN A LEAVE-WITHOUT-PAY STATUS ON FEBRUARY 24, 1956, YOU ARE NOT LEGALLY ENTITLED TO PAY FOR THAT DAY. THE RECORD ALSO SHOWS THAT FOR THE TOURS OF DUTY INDICATED AS NIGHT DUTY ON THE PAYROLL YOU HAVE BEEN PAID AT THE NIGHT RATE OF $2.574 PER HOUR.

ACCORDINGLY, SINCE IT APPEARS FROM THE PRESENT INFORMATION AND RECORDS THAT YOU HAVE BEEN PAID THE CORRECT AMOUNT DUE YOU, THE SETTLEMENT OF AUGUST 21, 1956, IS CORRECT.

YOUR PRESENT LETTER CONTAINS A NEW CLAIM FOR AN ADDITIONAL TEN CENTS AN HOUR FOR SALARY WHICH YOU ALLEGE IS DUE FROM THE BEGINNING OF YOUR EMPLOYMENT WITH THE DEPARTMENT OF THE ARMY IN AUGUST 1950 AND ALSO A CLAIM FOR AN INCREASE IN SALARY RECEIVED BY FOREMEN GENERALLY IN APRIL 1953 BUT WHICH YOU ALLEGE YOU DID NOT RECEIVE. SINCE THIS IS THE FIRST TIME YOU HAVE FILED THESE CLAIMS WITH OUR OFFICE, OUR CLAIMS DIVISION WILL DEVELOP THEM AND YOU WILL BE ADVISED OF THEIR FINAL DISPOSITION AT A LATER DATE.

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