B-134934, JUN. 17, 1958

B-134934: Jun 17, 1958

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WERE EMPLOYED AT THE NATIVE RATE OF COMPENSATION BY THE DEPARTMENT OF THE AIR FORCE AT MANILA. SPACES ARE AVAILABLE.'. YOU NOW CONTEND THAT THE "WAIVER" WAS NOT A WAIVER IN FACT BECAUSE "NO ONE CAN WAIVE HIS RIGHT" AND THAT YOUR EMPLOYMENT AT THE NATIVE RATE WAS ILLEGAL. THERE IS NO BASIS OF RECORD FOR APPROVAL OF YOUR CLAIM FOR ADDITIONAL COMPENSATION BASED SOLELY UPON THE FACT OF CITIZENSHIP. THAT THE MERE FACT THAT YOU QUALIFIED FOR A POSITION TO WHICH THE UNITED STATES RATE APPLIED DOES NOT ENTITLE YOU TO THE COMPENSATION FOR THE POSITION PRIOR TO THE DATE APPROPRIATE ACTION IS TAKEN BY THE PROPER ADMINISTRATIVE OFFICER. IS AFFIRMED.

B-134934, JUN. 17, 1958

TO MR. SERVILLANO P. LAZARTE:

IN YOUR LETTER OF APRIL 25, 1958, YOU REQUEST RECONSIDERATION OF OUR DECISION DATED MARCH 6, 1958, IN WHICH WE SUSTAINED THE ACTION OF OUR CLAIMS DIVISION IN DISALLOWING YOUR CLAIM FOR ADDITIONAL COMPENSATION DURING THE PERIOD MAY 13, 1949, TO MARCH 28, 1956, WHEN YOU, ALLEGEDLY A NATURALIZED CITIZEN, WERE EMPLOYED AT THE NATIVE RATE OF COMPENSATION BY THE DEPARTMENT OF THE AIR FORCE AT MANILA, PHILIPPINES.

ON NOVEMBER 10, 1955, YOU INDICATED YOUR WILLINGNESS TO REMAIN IN YOUR NATIVE RATE POSITION ,UNTIL U.S. SPACES ARE AVAILABLE.' YOU NOW CONTEND THAT THE "WAIVER" WAS NOT A WAIVER IN FACT BECAUSE "NO ONE CAN WAIVE HIS RIGHT" AND THAT YOUR EMPLOYMENT AT THE NATIVE RATE WAS ILLEGAL.

AS WE ADVISED YOU IN OUR DECISION DATED MARCH 6, 1958, THERE IS NO BASIS OF RECORD FOR APPROVAL OF YOUR CLAIM FOR ADDITIONAL COMPENSATION BASED SOLELY UPON THE FACT OF CITIZENSHIP, AND THAT THE MERE FACT THAT YOU QUALIFIED FOR A POSITION TO WHICH THE UNITED STATES RATE APPLIED DOES NOT ENTITLE YOU TO THE COMPENSATION FOR THE POSITION PRIOR TO THE DATE APPROPRIATE ACTION IS TAKEN BY THE PROPER ADMINISTRATIVE OFFICER.

YOUR LETTER DOES NOT CONTAIN ANY PERTINENT INFORMATION NOT PREVIOUSLY CONSIDERED WITH YOUR CLAIM AND, UPON RECONSIDERATION, THE CONCLUSION REACHED IN THE DECISION OF MARCH 6, 1958, IS AFFIRMED.

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