B-136259, JUN. 4, 1958

B-136259: Jun 4, 1958

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WE ARE AWARE OF NO PROVISION OF LAW WHICH PERMITS REIMBURSEMENT OF EXPENSES INCURRED INCIDENTAL TO UNWARRANTED DISCHARGES OR SUSPENSIONS.

B-136259, JUN. 4, 1958

TO MR. WILLIAM C. WYMER:

YOUR LETTER OF MAY 6, 1958, REQUESTS RECONSIDERATION OF OUR OFFICE SETTLEMENT OF FEBRUARY 6, 1958, WHICH DISALLOWED YOUR CLAIM FOR THE VALUE OF YOUR TIME AND FOR REIMBURSEMENT OF LEGAL AND SECRETARIAL EXPENSES INCURRED IN THE TOTAL AMOUNT OF $2,319.02, INCIDENT TO CHALLENGING CERTAIN CHARGES PLACED AGAINST YOU AS AN EMPLOYEE OF THE DEPARTMENT OF THE NAVY.

THE ACT OF JUNE 10, 1948, 62 STAT. 354 (PUBLIC LAW 623, 80TH CONGRESS), PROVIDES ONLY FOR THE PAYMENT OF BACK SALARY, LESS INTERIM NET EARNINGS, UPON RESTORATION TO DUTY AFTER AN UNWARRANTED SUSPENSION OF DISMISSAL. OUR OFFICE MAY NOT ALLOW A CLAIM, BASED ON THAT STATUTE, FOR ANY AMOUNT IN EXCESS OF THAT AUTHORIZED THEREIN. WE ARE AWARE OF NO PROVISION OF LAW WHICH PERMITS REIMBURSEMENT OF EXPENSES INCURRED INCIDENTAL TO UNWARRANTED DISCHARGES OR SUSPENSIONS.