B-153016, DEC. 26, 1963

B-153016: Dec 26, 1963

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YOU SAY THAT A CHARGE FOR QUARTERS WAS DEDUCTED FROM YOUR COMPENSATION AT THE RATE OF $13 PER MONTH FOR THE PERIOD IN QUESTION ALTHOUGH THE PROPER CHARGE FOR QUARTERS DURING THAT PERIOD WAS $1 PER MONTH. WE HAVE OBTAINED FROM THE DEPARTMENT OF THE ARMY THE INDIVIDUAL EARNINGS RECORD PERTAINING TO YOUR EMPLOYMENT. THAT RECORD SHOWS THAT A DEDUCTION FOR QUARTERS OF 47 CENTS WAS MADE FROM YOUR COMPENSATION EACH 2-WEEK PAY PERIOD. THAT DEDUCTION WAS NOT INCREASED AT ANY TIME PRIOR TO THE TERMINATION OF YOUR EMPLOYMENT. APPROXIMATELY $1 PER MONTH WAS DEDUCTED FROM YOUR PAY FOR QUARTERS. SINCE THE OFFICIAL RECORDS DO NOT SUBSTANTIATE YOUR CLAIM THAT AN EXCESSIVE QUARTERS CHARGE WAS DEDUCTED FROM YOUR COMPENSATION OUR SETTLEMENT OF APRIL 26.

B-153016, DEC. 26, 1963

TO MR. JULIO P. BAIZAS:

WE REFER TO YOUR LETTER OF NOVEMBER 18, 1963, REQUESTING OUR RECONSIDERATION OF YOUR CLAIM FOR REFUND OF QUARTERS CHARGES ALLEGEDLY WITHHELD FROM YOUR COMPENSATION AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY BETWEEN JANUARY 1950 AND OCTOBER 29, 1953.

YOU SAY THAT A CHARGE FOR QUARTERS WAS DEDUCTED FROM YOUR COMPENSATION AT THE RATE OF $13 PER MONTH FOR THE PERIOD IN QUESTION ALTHOUGH THE PROPER CHARGE FOR QUARTERS DURING THAT PERIOD WAS $1 PER MONTH. WE HAVE OBTAINED FROM THE DEPARTMENT OF THE ARMY THE INDIVIDUAL EARNINGS RECORD PERTAINING TO YOUR EMPLOYMENT. THAT RECORD SHOWS THAT A DEDUCTION FOR QUARTERS OF 47 CENTS WAS MADE FROM YOUR COMPENSATION EACH 2-WEEK PAY PERIOD. THAT DEDUCTION WAS NOT INCREASED AT ANY TIME PRIOR TO THE TERMINATION OF YOUR EMPLOYMENT. THUS, APPROXIMATELY $1 PER MONTH WAS DEDUCTED FROM YOUR PAY FOR QUARTERS.

SINCE THE OFFICIAL RECORDS DO NOT SUBSTANTIATE YOUR CLAIM THAT AN EXCESSIVE QUARTERS CHARGE WAS DEDUCTED FROM YOUR COMPENSATION OUR SETTLEMENT OF APRIL 26, 1963, AS AFFIRMED IN CLAIMS DIVISION LETTER OF SEPTEMBER 12, 1963, MUST BE SUSTAINED AND YOUR CLAIM DENIED. WE NOTE THAT AS PREVIOUSLY INDICATED THE PART OF YOUR CLAIM WHICH ACCRUED BEFORE NOVEMBER 26, 1952, MUST BE DISALLOWED UNDER THE 10-YEAR STATUTE OF LIMITATIONS OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A. HOWEVER, EVEN IF THAT STATUTE COULD BE DISREGARDED WE WOULD HAVE NO BASIS FOR ALLOWING YOUR CLAIM SINCE THE RECORD SHOWS THAT THE QUARTERS CHARGE DEDUCTED FROM YOUR PAY WAS NOT ..END :