B-138788, SEP. 2, 1959

B-138788: Sep 2, 1959

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YOU ALLEGE ALSO IN YOUR LETTER THAT YOU WERE ENTITLED TO VARIOUS OTHER BENEFITS UNDER PARAGRAPHS 3. ALONG WITH THE CONTRACTS UNDER WHICH YOU WERE EMPLOYED AND THE ADMINISTRATIVE REPORTS RECEIVED IN YOUR CASE. WE MUST CONCLUDE THAT THE DISALLOWANCE BY OUR CLAIMS DIVISION OF THE CLAIM FOR OVERDEDUCTIONS FOR QUARTERS WAS CORRECT. WE FIND NO INDICATION IN THE RECORD BEFORE US THAT YOU WERE ENTITLED TO ANYTHING MORE UNDER THE VARIOUS OTHER HEADINGS THAN YOU RECEIVED AT THE TIMES OF YOUR EMPLOYMENT. THERE IS NO FURTHER ACTION OUR OFFICE MAY TAKE IN THIS MATTER.

B-138788, SEP. 2, 1959

TO MR. AMANDO DURAN:

ON JANUARY 31, 1959, YOU REQUESTED RECONSIDERATION OF OUR CLAIMS DIVISION SETTLEMENT DATED NOVEMBER 28, 1958, WHICH DISALLOWED YOUR CLAIM BASED ON ALLEGED OVERDEDUCTION FOR QUARTERS. YOU ALLEGE ALSO IN YOUR LETTER THAT YOU WERE ENTITLED TO VARIOUS OTHER BENEFITS UNDER PARAGRAPHS 3, 5, 9, 10, AND 19 OF YOUR CONTRACTS OF EMPLOYMENT WITH THE DEPARTMENT OF THE ARMY.

SPECIFICALLY, THE ITEMS COVERED BY THE CITED PARAGRAPHS OF YOUR CONTRACTS INCLUDE SUBSISTENCE AND QUARTERS (PARAGRAPHS 3 AND 5 OF CONTRACTS DATED JUNE 20, 1946, JULY 28, 1949 AND AUGUST 1, 1954; PARAGRAPHS 3 AND 4 OF CONTRACT DATED NOVEMBER 21, 1952); BENEFITS OF THE UNITED STATES EMPLOYEES COMPENSATION ACT FOR INJURIES RECEIVED IN THE COURSE OF, AND ARISING OUT OF, YOUR EMPLOYMENT (PARAGRAPH 9 OF CONTRACTS DATED JUNE 20, 1946 AND JULY 28, 1949; PARAGRAPH 8 OF THE OTHER CONTRACTS); ANNUAL AND SICK LEAVE (PARAGRAPH 10 OF CONTRACTS DATED JUNE 20, 1946, AND JULY 28, 1949; PARAGRAPH 9 OF THE OTHER CONTRACTS); AND AREA BONUSES OF 5 PERCENT SERVICE IN RYUKYUAN WATERS AND 100 PERCENT FOR SERVICE IN KOREAN WATERS (PARAGRAPH 19 OF CONTRACTS DATED JUNE 20, 1946 AND JULY 28, 1949; PARAGRAPH 18 OF CONTRACT DATED NOVEMBER 21, 1952; PARAGRAPH 16 OF CONTRACTS DATED AUGUST 1, 1954, AND APRIL 21, 1955). BESIDES THE CONTRACTS SHOWN ABOVE YOU SIGNED A CONTRACT OF EMPLOYMENT WITH THE DEPARTMENT OF THE AIR FORCE ON JULY 16, 1954, WHICH PROVIDED COMPARABLE BENEFITS.

ON NOVEMBER 27, 1958, PRIOR TO YOUR RECEIPT OF OUR CLAIMS DIVISION SETTLEMENT YOU SUBMITTED A CHART LISTING SPECIFIC AMOUNTS TOTALING $22,523.41 UNDER THE HEADINGS "TRAVELING EXPENSES," ,OVERCHARGES," "SUBSISTENCE OR ALLOWANCES," "PER DIEM," "OVERTIME," "SICK LEAVE," "ANNUAL LEAVE," ,EMERGENCY COMPENSATION," AND "WAR BONUS.'

AFTER A CAREFUL REVIEW OF YOUR CLAIM, ALONG WITH THE CONTRACTS UNDER WHICH YOU WERE EMPLOYED AND THE ADMINISTRATIVE REPORTS RECEIVED IN YOUR CASE, WE MUST CONCLUDE THAT THE DISALLOWANCE BY OUR CLAIMS DIVISION OF THE CLAIM FOR OVERDEDUCTIONS FOR QUARTERS WAS CORRECT. LIKEWISE, WE FIND NO INDICATION IN THE RECORD BEFORE US THAT YOU WERE ENTITLED TO ANYTHING MORE UNDER THE VARIOUS OTHER HEADINGS THAN YOU RECEIVED AT THE TIMES OF YOUR EMPLOYMENT. THEREFORE, THERE IS NO FURTHER ACTION OUR OFFICE MAY TAKE IN THIS MATTER.