B-160138, OCT. 10, 1966

B-160138: Oct 10, 1966

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WHICH DISALLOWED YOUR CLAIM FOR OVERTIME SERVICES ALLEGED TO HAVE BEEN PERFORMED AS DUTY OFFICER ON APRIL 3. INASMUCH AS THE FACTS IN YOUR CASE WERE SET FORTH IN DETAIL IN OUR SETTLEMENT OF MAY 27 IT WOULD BE NEEDLESS REPETITION TO RESTATE THE ENTIRE CASE HERE. EMPLOYEES AND FORMER EMPLOYEES OF THE OFFICE OF CIVIL AND DEFENSE MOBILIZATION WERE PAID FOR UNCOMPENSATED OVERTIME SERVICES PERFORMED AS DUTY OFFICERS DURING THE YEARS 1958 THROUGH 1961 IN ACCORDANCE WITH THE RAPP AND HAWKINS CASES. THE NEXT BEST EVIDENCE WAS USED TO SUBSTANTIATE THE PAYMENT OF OVERTIME WHICH WAS THE DUTY ROSTERS. SHOWS THAT YOU CHECKED IN ON THAT DAY THIS IS NOT NECESSARILY A GOVERNING FACTOR SINCE THE ADMINISTRATIVE OFFICE HAS INFORMED US THAT THE LOGS GENERALLY MAKE NO MENTION OF THESE COMMUNICATION CHECKS.

B-160138, OCT. 10, 1966

TO MR. WILLIAM D. ERICKSON:

THIS REFERS TO YOUR LETTER OF SEPTEMBER 13, 1966, REQUESTING REVIEW OF OFFICE SETTLEMENT OF MAY 27, 1965, WHICH DISALLOWED YOUR CLAIM FOR OVERTIME SERVICES ALLEGED TO HAVE BEEN PERFORMED AS DUTY OFFICER ON APRIL 3, 1960, AT THE OFFICE OF CIVIL AND DEFENSE MOBILIZATION, BATTLE CREEK, MICHIGAN.

YOUR LETTER PRESENTS NO MATERIAL FACTS NOT HERETOFORE CONSIDERED. INASMUCH AS THE FACTS IN YOUR CASE WERE SET FORTH IN DETAIL IN OUR SETTLEMENT OF MAY 27 IT WOULD BE NEEDLESS REPETITION TO RESTATE THE ENTIRE CASE HERE.

EMPLOYEES AND FORMER EMPLOYEES OF THE OFFICE OF CIVIL AND DEFENSE MOBILIZATION WERE PAID FOR UNCOMPENSATED OVERTIME SERVICES PERFORMED AS DUTY OFFICERS DURING THE YEARS 1958 THROUGH 1961 IN ACCORDANCE WITH THE RAPP AND HAWKINS CASES, CT.CL. NOS. 70-62 AND 121-62, RESPECTIVELY.

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

IF YOU CAN FURNISH US A COPY OF A LOG SIGNED BY YOU AS DUTY OFFICER FOR APRIL 3, 1960, WE WILL GIVE THE MATTER FURTHER CONSIDERATION.

ON THE BASIS OF THE FOREGOING WE HAVE NO ALTERNATIVE BUT TO SUSTAIN THE DISALLOWANCE OF YOUR CLAIM.