B-54555, JUN. 7, 1955

B-54555: Jun 7, 1955

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WHICH DISALLOWED YOUR CLAIM FOR COMPENSATION FOR CERTAIN OVERTIME SERVICES ALLEGED TO HAVE BEEN RENDERED AS AN EMPLOYEE OF THE TREASURY DEPARTMENT. THE CLAIM WAS DISALLOWED FOR THE REASON. THAT THE RECORDS OF THE ADMINISTRATIVE AGENCY SHOW THAT YOU WERE PAID IN FULL FOR ALL AUTHORIZED SERVICES RENDERED DURING THE INVOLVED PERIOD. WAS ERRONEOUS. YOU STATE IT IS YOUR OPINION THAT THE TOTAL AMOUNT OF OVERTIME SERVICES IS INCORPORATED IN YOUR PAY RECORDS FOR THE REASONS STATED IN YOUR LETTER. REPORTED: (1) THAT A CHECK OF THE TIME AND ATTENDANCE RECORDS FOR THE PERIOD IN QUESTION (CERTIFIED TO BY YOU) INDICATES YOUR TOUR OF DUTY TO HAVE BEEN EIGHT HOURS FOR FIVE DAYS A WEEK. IS SHOWN AS COMPENSATORY TIME WHICH WAS LATER TAKEN.

B-54555, JUN. 7, 1955

TO MR. RILEY D. ROBINSON:

YOUR LETTER OF MARCH 29, 1955, REQUESTS RECONSIDERATION OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED MARCH 24, 1955, WHICH DISALLOWED YOUR CLAIM FOR COMPENSATION FOR CERTAIN OVERTIME SERVICES ALLEGED TO HAVE BEEN RENDERED AS AN EMPLOYEE OF THE TREASURY DEPARTMENT, BUREAU OF CUSTOMS, DURING THE PERIOD FROM OCTOBER 17, 1948, TO MARCH 31,1952.

THE CLAIM WAS DISALLOWED FOR THE REASON, IN SUBSTANCE, THAT THE RECORDS OF THE ADMINISTRATIVE AGENCY SHOW THAT YOU WERE PAID IN FULL FOR ALL AUTHORIZED SERVICES RENDERED DURING THE INVOLVED PERIOD. YOU FURNISH NO EVIDENCE TO INDICATE THAT THE SETTLEMENT DATED MARCH 24, 1955, WAS ERRONEOUS, BUT YOU STATE IT IS YOUR OPINION THAT THE TOTAL AMOUNT OF OVERTIME SERVICES IS INCORPORATED IN YOUR PAY RECORDS FOR THE REASONS STATED IN YOUR LETTER.

IN REPORTING ON YOUR CLAIM TO THIS OFFICE IN FEBRUARY 1955, THE BUREAU OF CUSTOMS RECOMMENDED THAT IT BE DENIED BECAUSE THE COLLECTOR OF CUSTOMS, COLLECTION DISTRICT NO. 33, GREAT FALLS, MONTANA, REPORTED: (1) THAT A CHECK OF THE TIME AND ATTENDANCE RECORDS FOR THE PERIOD IN QUESTION (CERTIFIED TO BY YOU) INDICATES YOUR TOUR OF DUTY TO HAVE BEEN EIGHT HOURS FOR FIVE DAYS A WEEK; (2) THAT THE SIXTH DAY, IF WORKED IN THE ABSENCE OF THE IMMIGRANT INSPECTOR, IS SHOWN AS COMPENSATORY TIME WHICH WAS LATER TAKEN; AND (3) THAT SUNDAY AND HOLIDAY REPORTS SHOW THAT EIGHT HOURS' SERVICES WERE PERFORMED, AND ARE SO INITIALED BY YOU.

IN VIEW OF THE FOREGOING, NO USEFUL PURPOSE WOULD BE SERVED BY NOW ATTEMPTING A FURTHER SEARCH OF THE RECORDS OF THE COLLECTION DISTRICT INVOLVED FOR RELEVANT INFORMATION. ALSO, THE ADMINISTRATIVE INSTRUCTIONS TO ALL PORTS AND STATIONS CONCERNING HOURS OF DUTY, ETC., IN EFFECT AT THE TIME, AS WELL AS A LETTER DATED AUGUST 29, 1947, RELATIVE TO ARRANGEMENTS REGARDING HOURS OF DUTY AT THE PIEGAN,MONTANA, OFFICE, ARE CONSISTENT WITH THE ADMINISTRATIVE REPORT. UNDER SUCH CIRCUMSTANCES, THE BURDEN IS UPON YOU TO FURNISH EVIDENCE CLEARLY AND SATISFACTORILY ESTABLISHING YOUR CLAIM.

ACCORDINGLY, SINCE NO SATISFACTORY EVIDENCE HAS BEEN FURNISHED, OR IS AVAILABLE HERE, TO ESTABLISH THE LEGAL LIABILITY OF THE UNITED STATES FOR PAYMENT OF THE ADDITIONAL COMPENSATION, THE SETTLEMENT DATED MARCH 24, 1955, MUST BE, AND IS SUSTAINED.