B-157005, SEP. 21, 1965

B-157005, SEP. 21, 1965

TO EDWARD D. PADGETT:

THIS IS IN REPLY TO YOUR LETTER OF AUGUST 23, 1965, REQUESTING THE OPPORTUNITY TO BE HEARD EITHER PERSONALLY OR IN WRITING REGARDING THE DETERMINATION OF THE PICATINNY ARSENAL THAT YOU WERE IN AN ABSENT WITHOUT LEAVE STATUS FOR SIX HOURS ON SEPTEMBER 21, 1964.

ACCORDING TO YOUR LETTER YOU APPLIED FOR SICK LEAVE ON SEPTEMBER 11, 1964, FOR THE DAYS OF SEPTEMBER 14, 15 AND 21, 1964. SICK LEAVE WAS GRANTED FOR SEPTEMBER 14 AND 15, BUT YOU LATER DISCOVERED THAT IT HAD NOT BEEN GRANTED FOR SEPTEMBER 21, AND YOU WERE PLACED IN AN ABSENT WITHOUT LEAVE STATUS FOR THAT DATE. IN THAT REGARD THE INFORMATION SUBMITTED HERE BY THE ARMY IS TO THE EFFECT THAT YOU DID NOT INITIATE A REQUEST FOR SICK LEAVE FOR SEPTEMBER 15, 1964, AND YOUR TIME CARD WAS NOT INITIALED BY YOU COVERING THE SICK LEAVE CHARGED FOR THAT DATE. THE AGENCY REPORTS THAT "THE EMPLOYEE AGREED TO THE SICK LEAVE CHARGE FOR 14 SEPTEMBER AND ACCEPTED THE CHARGE ON 15 SEPTEMBER SUBJECT TO PROTEST, WHICH WAS MADE BUT NOT UPHELD.'

WITH RESPECT TO THE ABSENCE WITHOUT LEAVE ON SEPTEMBER 21, 1964, THE INFORMATION SUBMITTED HERE BY THE ADMINISTRATIVE OFFICE IS AS FOLLOWS:

"AT APPROXIMATELY 0810 HOURS ON 21 SEPTEMBER 1964, MR. PADGETT CALLED MR. SUOZZO AND MR. R. DRUMMOND ANSWERED THE PHONE IN MR. SUOZZO'S ABSENCE. MR. PADGETT STATED THAT HE WANTED MR. SUOZZO TO KNOW THAT HE (PADGETT) HAD AN APPOINTMENT IN STATEN ISLAND AND THAT HE WAS TO REPORT TO BUILDING NUMBER 151 FOR TRANSPORTATION. MR. PADGETT NOTED AND INITIALED BUILDING NUMBER 151 FOR TRANSPORTATION. MR. PADGETT NOTED AND INITIALED IN A LOG BOOK ENTRY THAT, AT 0900 HOURS THAT SAME DAY, HE PROCEEDED TO BUILDING NUMBER 151 AND STATEN ISLAND FOR AN "UNKNOWN" LENGTH OF TIME.

"MR. PADGETT DID NOT KEEP HIS APPOINTMENT IN BUILDING NUMBER 151 AT 1000 HOURS AS DIRECTED. A FURTHER CHECK WITH THE POST HOSPITAL REVEALED THAT HE HAD NOT REPORTED THERE AT ALL. SUBSEQUENT CONTACT WITH THE U.S. PUBLIC HEALTH SERVICE HOSPITAL AT STAPLETON, STATEN ISLAND REVEALED THAT THERE WAS NO RECORD OF MR. PADGETT HAVING BEEN THERE.

"MR. PADGETT WAS FINALLY CONTACTED AT APPROXIMATELY 1615 HOURS BY PHONE AT HIS HOME BY MR. SUOZZO. HE INDICATED THAT HE (PADGETT) HAD TOLD SOMEONE IN BUILDING NUMBER 151 THAT HE WAS GOING TO HIS OWN DOCTOR. WHEN QUESTIONED ABOUT THE REFERENCED LOG ENTRY, MR. PADGETT REPLIED THAT HE HAD CHANGED HIS MIND. AT NO TIME DURING THE PERIOD FROM 0900 HOURS TO 1615 1615 HOURS DID MR. PADGETT NOTIFY HIS SUPERVISOR THAT HE DID NOT KEEP HIS SCHEDULED APPOINTMENT, NOR MAKE HIS WHEREABOUTS KNOWN TO HIM (SUPERVISOR). ACCORDINGLY, MR. PADGETT WAS CARRIED IN AN ABSENCE WITHOUT LEAVE STATUS FOR SIX (6) HOURS FROM THE PERIOD 1000 TO 1630 HOURS ON 21 SEPTEMBER 1964.'

AS POINTED OUT IN OUR LETTER OF AUGUST 18, 1965, THE ADMINISTRATIVE OFFICIALS AT PICATINNY ARSENAL ACTED WITHIN THE LIMITS OF THEIR DISCRETION IN PLACING YOU IN AN ABSENT WITHOUT LEAVE STATUS ON SEPTEMBER 21, 1964, AND THERE IS NO LEGAL BASIS FOR THIS OFFICE TO REIMBURSE YOU FOR PERIODS OF ABSENCE WHICH WERE PROPERLY DETERMINED TO BE IN THE CATEGORY OF ABSENCE WITHOUT LEAVE.

YOU ARE ALSO INFORMED THAT DETERMINATIONS BY OUR OFFICE ARE BASED UPON THE WRITTEN RECORD; THEREFORE, WHILE WE DO NOT REFUSE REQUESTS FOR PERSONAL CONFERENCES, WE SUGGEST TO CLAIMANTS THAT ANY ITEMS WHICH ARE PERTINENT BE SUBMITTED IN WRITING IN LIEU OF A CONFERENCE.