B-143609, OCT. 10, 1960

B-143609: Oct 10, 1960

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WHICH WAS DISALLOWED BY OUR OFFICE SETTLEMENT OF MAY 23. SINCE THE FACTS CONCERNING YOUR CLAIM AND THE REASONS FOR ITS DISALLOWANCE ARE SET FORTH IN OUR SETTLEMENT. THERE IS NO NEED TO REPEAT THEM HERE. THE DEPARTMENT OF THE ARMY REPORTED TO THE EFFECT THAT YOUR SERVICES WERE PERFORMED PURSUANT TO CONTRACTS AND THAT YOU WERE PAID IN ACCORD WITH RATE OF PAY APPLICABLE TO THE POSITIONS IN WHICH YOU SERVED UNDER THE PROVISIONS OF THOSE CONTRACTS. THAT SINCE NO OTHER BENEFITS WERE AUTHORIZED THERE WAS NO VALIDITY TO YOUR CLAIM FOR OVERSEA PAY. MUST BE AND IS SUSTAINED.

B-143609, OCT. 10, 1960

TO MR. TEODORE C. NERI:

YOUR LETTER OF JULY 11, 1960, REQUESTS RECONSIDERATION OF YOUR CLAIM FOR OVERSEAS RATE OF PAY AS WELL AS PAY FOR UNUSED SICK LEAVE AND OVERTIME AS A MARITIME EMPLOYEE OF THE TRANSPORTATION CORPS, DEPARTMENT OF THE ARMY, WHICH WAS DISALLOWED BY OUR OFFICE SETTLEMENT OF MAY 23, 1960.

SINCE THE FACTS CONCERNING YOUR CLAIM AND THE REASONS FOR ITS DISALLOWANCE ARE SET FORTH IN OUR SETTLEMENT, THERE IS NO NEED TO REPEAT THEM HERE. UPON RECEIPT OF YOUR LETTER WE REQUESTED THE DEPARTMENT OF THE ARMY TO FURNISH US A COMPLETE REPORT OF YOUR CASE "INCLUDING COMPENSATION AND LEAVE BENEFITS" DURING THE PERIOD OF YOUR CLAIM. ON OCTOBER 3, 1960, THE DEPARTMENT OF THE ARMY REPORTED TO THE EFFECT THAT YOUR SERVICES WERE PERFORMED PURSUANT TO CONTRACTS AND THAT YOU WERE PAID IN ACCORD WITH RATE OF PAY APPLICABLE TO THE POSITIONS IN WHICH YOU SERVED UNDER THE PROVISIONS OF THOSE CONTRACTS; FURTHERMORE, THAT SINCE NO OTHER BENEFITS WERE AUTHORIZED THERE WAS NO VALIDITY TO YOUR CLAIM FOR OVERSEA PAY, SICK LEAVE PAY, OVERTIME PAY, AND WARTIME PAY.

THEREFORE, ON THE PRESENT RECORD, OUR SETTLEMENT DATED MAY 23, 1960, WHICH DISALLOWED YOUR CLAIM, MUST BE AND IS SUSTAINED.