B-146661, SEP. 7, 1961

B-146661: Sep 7, 1961

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THAT CLAIM WAS DISALLOWED BY OUR SETTLEMENT OF MARCH 18. IN THE SETTLEMENT OF YOUR CLAIM IT WAS DETERMINED THAT THE SERVICE RENDERED WAS NOT COMPENSABLE UNDER THE ACT OF MARCH 2. YOUR ATTENTION WAS DIRECTED TO THE CASES OF HARRY B. FROM THE INFORMATION FURNISHED BY YOU AND AFTER EXTENSIVE RESEARCH WE ARE UNABLE TO IDENTIFY THE COURT DECISION TO WHICH YOU REFER.

B-146661, SEP. 7, 1961

TO MR. ROBERT W. FAUK:

YOUR LETTER OF JULY 31, 1961, APPARENTLY REFERS TO YOUR CLAIM DATED APRIL 7, 1950, FOR SUNDAY AND OVERTIME WORK ALLEGEDLY PERFORMED BY YOU FROM FEBRUARY 1, 1949, AS A PATROL INSPECTOR, UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE. THAT CLAIM WAS DISALLOWED BY OUR SETTLEMENT OF MARCH 18, 1952. IN THE SETTLEMENT OF YOUR CLAIM IT WAS DETERMINED THAT THE SERVICE RENDERED WAS NOT COMPENSABLE UNDER THE ACT OF MARCH 2, 1931, 46 STAT. 1467. YOUR ATTENTION WAS DIRECTED TO THE CASES OF HARRY B. GREENE AND GLEN I. TONEY V. UNITED STATES, 118 CT.CL. 248, WHICH DENIED ADDITIONAL COMPENSATION FOR SIMILAR SERVICES UNDER THE FOREGOING STATUTORY PROVISIONS.

YOU SAY THAT IN VIEW OF THE RECENT DECISION AGAINST THE GOVERNMENT REGARDING THIS TYPE OF CLAIM YOU AGAIN MAKE CLAIM FOR SUCH EXTRA DUTY PERFORMED FOR THE PERIOD FEBRUARY 1, 1949, TO 1955. FROM THE INFORMATION FURNISHED BY YOU AND AFTER EXTENSIVE RESEARCH WE ARE UNABLE TO IDENTIFY THE COURT DECISION TO WHICH YOU REFER.

THEREFORE, UPON THE PRESENT RECORD OUR SETTLEMENT OF MARCH 18, 1952, MUST BE SUSTAINED.