B-143363, JUL. 14, 1960

B-143363: Jul 14, 1960

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THE FACTS IN YOUR CASE AND THE REASONS FOR ITS DISALLOWANCE ARE SET FORTH IN THE SETTLEMENT AND THERE IS NO NEED TO REPEAT THEM HERE. THE SHIP TO WHICH I WAS ASSIGNED USUALLY CALLS ON DIFFERENT PORTS AND WHILE STAYING THEREIN. THE SAILORS ARE GIVEN FURLOUGH TO LEAVE THE BOAT AND HAVE THEIR MEALS OUTSIDE WHILE ON SHORE.'. YOU ARE ADVISED THAT YOUR CONTRACT OF EMPLOYMENT DOES NOT CONTAIN ANY PROVISION FOR PAYMENT OF ANY AMOUNT FOR SUBSISTENCE AND QUARTERS FOR ANY PERIOD DURING WHICH YOU WERE PERMITTED TO LEAVE THE SHIP WHILE IN PORT. QUARTERS AND SUBSISTENCE WERE STILL AVAILABLE ON THE SHIP IN THE EVENT YOU DESIRED TO MAKE USE THEREOF. DISALLOWING YOUR CLAIM IS SUSTAINED.

B-143363, JUL. 14, 1960

TO MR. BENEDICTO L. VILLACAMPA:

IN YOUR LETTER OF MAY 14, 1960, YOU REQUEST RECONSIDERATION OF OUR OFFICE SETTLEMENT DATED NOVEMBER 6, 1959, WHICH DISALLOWED YOUR CLAIM FOR SUBSISTENCE AND QUARTERS ALLOWANCE DURING THE PERIOD OF YOUR EMPLOYMENT IN A MARINE CAPACITY WITH THE DEPARTMENT OF THE NAVY. THE FACTS IN YOUR CASE AND THE REASONS FOR ITS DISALLOWANCE ARE SET FORTH IN THE SETTLEMENT AND THERE IS NO NEED TO REPEAT THEM HERE. YOU NOW SUGGEST THAT YOUR CLAIM BE APPROVED BECAUSE:

"* * * THE RECORDS OF THE ARMY ALSO DEMONSTRATES THAT ON VARIOUS OCCASIONS, THE SHIP TO WHICH I WAS ASSIGNED USUALLY CALLS ON DIFFERENT PORTS AND WHILE STAYING THEREIN, THE SAILORS ARE GIVEN FURLOUGH TO LEAVE THE BOAT AND HAVE THEIR MEALS OUTSIDE WHILE ON SHORE.'

YOU ARE ADVISED THAT YOUR CONTRACT OF EMPLOYMENT DOES NOT CONTAIN ANY PROVISION FOR PAYMENT OF ANY AMOUNT FOR SUBSISTENCE AND QUARTERS FOR ANY PERIOD DURING WHICH YOU WERE PERMITTED TO LEAVE THE SHIP WHILE IN PORT. PRESUMABLY, QUARTERS AND SUBSISTENCE WERE STILL AVAILABLE ON THE SHIP IN THE EVENT YOU DESIRED TO MAKE USE THEREOF.

THEREFORE, OUR OFFICE SETTLEMENT OF NOVEMBER 16, 1959, DISALLOWING YOUR CLAIM IS SUSTAINED.