B-93143, APR. 30, 1956

B-93143: Apr 30, 1956

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YOUR CLAIM WAS DISALLOWED BY OUR SETTLEMENT OF MAY 12. BECAUSE THE ADMINISTRATIVE OFFICE REPORTED TO US THAT YOUR EMPLOYMENT WITH THE NAVAL RESEARCH LABORATORY WAS TERMINATED JUNE 29. THAT YOU WERE NOT REEMPLOYED AT THE BUREAU OF SHIPS UNTIL JULY 1. THE BREAK OF ONE DAY THUS APPEARING BARS THE TRANSFER OF YOUR ANNUAL LEAVE WHICH WAS ACCORDINGLY FORFEITED. YOUR CLAIM WAS REVIEWED IN OUR DECISION OF MAY 8. YOU NOW ASSERT THAT THE OFFICIAL RECORDS SHOW YOU WERE "TRANSFERRED" ON JULY 1. THE ACTION OF OUR OFFICE WAS BASED UPON AN ADMINISTRATIVE REPORT FROM THE NAVAL RESEARCH LABORATORY. DYKE WAS EMPLOYED AT THE NAVAL RESEARCH LABORATORY FOR THE PERIOD 16 JUNE 1941 TO 29 JUNE 1943. DYKE NEITHER WORKED NOR WAS PAID FOR SERVICES ON 30 JUNE 1943.

B-93143, APR. 30, 1956

TO MR. EDWIN DYKE:

YOUR LETTER OF MARCH 20, 1956, REQUESTS FURTHER CONSIDERATION OF YOUR CLAIM FOR $696.45 FOR ANNUAL LEAVE EARNED DURING THE PERIOD JUNE 16, 1941, TO JUNE 29, 1943. YOUR CLAIM WAS DISALLOWED BY OUR SETTLEMENT OF MAY 12, 1949, BECAUSE THE ADMINISTRATIVE OFFICE REPORTED TO US THAT YOUR EMPLOYMENT WITH THE NAVAL RESEARCH LABORATORY WAS TERMINATED JUNE 29, 1943, AND THAT YOU WERE NOT REEMPLOYED AT THE BUREAU OF SHIPS UNTIL JULY 1, 1943. THE BREAK OF ONE DAY THUS APPEARING BARS THE TRANSFER OF YOUR ANNUAL LEAVE WHICH WAS ACCORDINGLY FORFEITED. YOUR CLAIM WAS REVIEWED IN OUR DECISION OF MAY 8, 1950, AND THE SETTLEMENT SUSTAINED. YOU NOW ASSERT THAT THE OFFICIAL RECORDS SHOW YOU WERE "TRANSFERRED" ON JULY 1, 1943, AND THAT A "TRANSFER" CONNOTES NO BREAK IN SERVICE.

THE ACTION OF OUR OFFICE WAS BASED UPON AN ADMINISTRATIVE REPORT FROM THE NAVAL RESEARCH LABORATORY, DATED APRIL 21, 1949, READING AS FOLLOWS:

"1. MR. DYKE WAS EMPLOYED AT THE NAVAL RESEARCH LABORATORY FOR THE PERIOD 16 JUNE 1941 TO 29 JUNE 1943, BOTH DATES INCLUSIVE. EXAMINATION OF THE ORIGINAL ROUGH PAYROLL FOR THE PERIOD 16-30 JUNE 1943 DISCLOSES THE FACT THAT MR. DYKE NEITHER WORKED NOR WAS PAID FOR SERVICES ON 30 JUNE 1943. SINCE HIS CONTRACT TERMINATED AS OF 29 JUNE 1943, AND EMPLOYMENT BEGAN AT THE BUREAU OF SHIPS ON 1 JULY 1943, IT IS BELIEVED THAT SUCH PERIOD OF UNEMPLOYMENT WOULD HAVE CONSTITUTED A BREAK IN SERVICES AT SUCH TIME.'

WHILE THE TERM "TRANSFER" USUALLY MEANS A TRANSITION FROM ONE SERVICE TO ANOTHER SERVICE WITHOUT A BREAK IN SERVICE, IT WOULD APPEAR THAT IF, AS ALLEGED, THAT TERM WAS USED IN PROCESSING THE PERSONNEL ACTION IT WAS NOT PROPERLY USED IN THE LIGHT OF THE ADMINISTRATIVE REPORT JUST QUOTED SHOWING THAT THERE WAS A DEFINITE BREAK IN SERVICE OF ONE DAY.

SINCE YOU HAVE NOT SUBMITTED ANY EVIDENCE SUFFICIENT TO OVERCOME THE ADMINISTRATIVELY REPORTED FACTS, OUR DECISION OF MAY 8, 1950, TO YOU WHICH SUSTAINED THE DISALLOWANCE OF YOUR CLAIM MUST BE AFFIRMED.