B-5472, FEB. 17, 1961
Highlights
DURING THAT PERIOD YOU WERE PAID SALARY BY THE VETERANS ADMINISTRATION IN THE GROSS AMOUNT OF $2. YOU WERE IN A LEAVE WITHOUT PAY STATUS AT THE VETERANS ADMINISTRATION FOR THE GREATER PORTION OF THE TIME INVOLVED. THE RECORD SHOWS THAT YOU WERE IN A LEAVE WITHOUT PAY STATUS AT THE VETERANS ADMINISTRATION 3 1/2 HOURS ON MAY 25. 489.67 IS THE GROSS SALARY YOU RECEIVED WHILE IN A PAY STATUS AT THE VETERANS ADMINISTRATION DURING THE PERIOD MARCH 4. SINCE YOU HAVE NOT FURNISHED ANY EVIDENCE IN SUPPORT OF YOUR ALLEGATIONS WE FIND NO BASIS FOR REMOVAL OF THE CHARGE AGAINST YOU.
B-5472, FEB. 17, 1961
TO MR. HERBERT C. SCHMIDT:
YOUR LETTER OF DECEMBER 30, 1960, REQUESTS REVIEW OF THE CLAIM OF THE UNITED STATES AGAINST YOU FOR $2,489.67, RESULTING FROM DUAL COMPENSATION RECEIVED BY YOU IN CONTRAVENTION OF THE DUAL EMPLOYMENT PROVISIONS OF THE ACT OF JULY 31, 1894, 28 STAT. 205, AS AMENDED, 5 U.S.C. 62 AND THE DUAL COMPENSATION PROVISIONS OF THE ACT OF MAY 10, 1916, 39 STAT. 120, AS AMENDED, 5 U.S.C. 58, WHILE EMPLOYED BY THE VETERANS ADMINISTRATION AND BY THE HOUSE OF REPRESENTATIVES DURING THE PERIOD MARCH 4, 1929, TO FEBRUARY 12, 1930.
DURING THAT PERIOD YOU WERE PAID SALARY BY THE VETERANS ADMINISTRATION IN THE GROSS AMOUNT OF $2,489.67, AND BY THE HOUSE OF REPRESENTATIVES IN THE GROSS AMOUNT OF $2,732.49.
YOU SAY THAT, AS YOU REMEMBER, YOU WERE IN A LEAVE WITHOUT PAY STATUS AT THE VETERANS ADMINISTRATION FOR THE GREATER PORTION OF THE TIME INVOLVED, AND THAT THIS SHOULD NOT BE CHARGED AGAINST YOU, AS YOU SHOULD NOT BE OBLIGED TO PAY SOMETHING YOU DID NOT GET.
THE RECORD SHOWS THAT YOU WERE IN A LEAVE WITHOUT PAY STATUS AT THE VETERANS ADMINISTRATION 3 1/2 HOURS ON MAY 25, 1929; 18 DAYS, MAY 26, 1929, THROUGH JUNE 13, 1929; AND 7 DAYS, DECEMBER 10, 1929, THROUGH DECEMBER 16, 1929. THE AMOUNT OF $2,489.67 IS THE GROSS SALARY YOU RECEIVED WHILE IN A PAY STATUS AT THE VETERANS ADMINISTRATION DURING THE PERIOD MARCH 4, 1929, TO FEBRUARY 12, 1930.
YOU REQUEST RECONSIDERATION ON THE BASIS OF YOUR PREVIOUS STATEMENTS, NAMELY, THAT YOU USED THE SALARY RECEIVED FROM THE HOUSE OF REPRESENTATIVES FOR EMPLOYING SUBSTITUTE HELP AND THAT YOU RECEIVED NO BENEFIT THEREFROM. AS WE INFORMED YOU IN OUR LETTERS OF FEBRUARY 26, 1945, AND APRIL 23, 1945, SUCH STATEMENTS, UNSUPPORTED BY EVIDENCE, DO NOT PROVIDE SUFFICIENT GROUNDS FOR REMOVING THE CHARGE AGAINST YOU. SINCE YOU HAVE NOT FURNISHED ANY EVIDENCE IN SUPPORT OF YOUR ALLEGATIONS WE FIND NO BASIS FOR REMOVAL OF THE CHARGE AGAINST YOU. NEITHER HAS THE VETERANS ADMINISTRATION ANY AUTHORITY TO "WITHDRAW ITS CLAIM" AGAINST YOU AS SUGGESTED IN YOUR LETTER.