B-148967, JUN. 5, 1962

B-148967: Jun 5, 1962

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WHICH WAS DISALLOWED BY OUR OFFICE SETTLEMENT OF JUNE 1. IN REFERENCE TO A VERBAL AGREEMENT IS NOT TRUE.'. IT IS THE ESTABLISHED RULE OF OUR OFFICE TO ACCEPT THE REPORT OF THE ADMINISTRATIVE AGENCY ON DISPUTED QUESTIONS OF FACT IN THE ABSENCE OF EVIDENCE SUFFICIENT TO OVERCOME THE PRESUMPTION OF THE CORRECTNESS THEREOF. THE RECORD DOES NOT SHOW THAT YOU HAVE SUBMITTED SUCH EVIDENCE. WE HAVE NOTED ALSO THE REPORT OF THE DEPUTY CIVILIAN PERSONNEL OFFICER. WAS CORRECT AND THEREFORE IT MUST BE AND IS SUSTAINED. THE ACTION TAKEN BY OUR OFFICE IS BASED UPON THE INFORMATION DISCLOSED THEREIN. SUCH DOCUMENTS HAVE BECOME A PART OF THE PERMANENT RECORDS OF THE GENERAL ACCOUNTING OFFICE AND ARE REQUIRED TO BE RETAINED HERE.

B-148967, JUN. 5, 1962

TO MR. CHARLES R. ZEDLER:

YOUR LETTER OF MAY 2, 1962, REQUESTS RECONSIDERATION OF YOUR CLAIM FOR BACK PAY FOR THE PERIOD DECEMBER 27, 1956, THROUGH JANUARY 11, 1957, AS AN EMPLOYEE OF THE ARMY, POST ENGINEER, U.S. ARMY ASCOM AREA COMMAND, APO 971, WHICH WAS DISALLOWED BY OUR OFFICE SETTLEMENT OF JUNE 1, 1960.

THE REPORTS SUBMITTED BY THE DEPARTMENT OF THE ARMY INCLUDE ONE SIGNED BY LT.COL. FRANK J. VASSALOTTI TO THE EFFECT THAT YOU FAILED TO RETURN TO DUTY ON DECEMBER 27, 1956, IN ACCORDANCE WITH YOUR VERBAL AGREEMENT WITH HIM. THE AGENCY REPORTS THAT UPON YOUR FAILURE TO RETURN IN ACCORDANCE WITH THE AGREEMENT "COL. VASSALOTTI CHARGED (YOU) AWOL FOR ALL LEAVE TAKEN FROM 27 DECEMBER 1956 THROUGH 11, JANUARY 1957.' YOU CONTEND THAT "THE STATEMENT OF FRANK J. VASSALOTTI, LT.COL., CE, IN REFERENCE TO A VERBAL AGREEMENT IS NOT TRUE.'

IT IS THE ESTABLISHED RULE OF OUR OFFICE TO ACCEPT THE REPORT OF THE ADMINISTRATIVE AGENCY ON DISPUTED QUESTIONS OF FACT IN THE ABSENCE OF EVIDENCE SUFFICIENT TO OVERCOME THE PRESUMPTION OF THE CORRECTNESS THEREOF. THE RECORD DOES NOT SHOW THAT YOU HAVE SUBMITTED SUCH EVIDENCE. THEREFORE, THE STATEMENT OF COL. VASSALOTTI THAT YOU HAD A VERBAL AGREEMENT WITH HIM TO RETURN TO DUTY ON DECEMBER 27, 1956, MUST, ON THE PRESENT RECORD, BE ACCEPTED TRUE. WE HAVE NOTED ALSO THE REPORT OF THE DEPUTY CIVILIAN PERSONNEL OFFICER, DATED FEBRUARY 13, 1957, TO YOU, WHEREIN HE POINTS OUT THE LO 11-148, AUTHORIZING "ISOLATED AREA LEAVE" DID NOT AUTHORIZE TIME OFF WITHOUT CHARGE TO YOUR ANNUAL LEAVE ACCOUNT.

UPON REVIEW, ON THE PRESENT RECORD, WE CONCLUDE THAT OUR OFFICE SETTLEMENT OF JUNE 1, 1960, WAS CORRECT AND THEREFORE IT MUST BE AND IS SUSTAINED.

YOU REQUEST THE RETURN OF DOCUMENTS SUBMITTED IN SUPPORT OF YOUR CLAIM. THE ACTION TAKEN BY OUR OFFICE IS BASED UPON THE INFORMATION DISCLOSED THEREIN. SUCH DOCUMENTS HAVE BECOME A PART OF THE PERMANENT RECORDS OF THE GENERAL ACCOUNTING OFFICE AND ARE REQUIRED TO BE RETAINED HERE. THEREFORE, THEY MAY NOT BE RETURNED AS REQUESTED TO YOU.