B-130921, APR. 5, 1957

B-130921: Apr 5, 1957

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COMPTROLLER OF THE NAVY: TRANSMITTED HEREWITH FOR CONSIDERATION AND APPROPRIATE ACTION IS LETTER DATED AUGUST 28. CLAIM INITIALLY WAS PRESENTED TO OUR OFFICE BY MR. HIS CLAIM WAS FOR CONSIDERATION BY THE NAVY DEPARTMENT AND SUGGESTED THAT HE ADDRESS HIS INQUIRY TO THE DISBURSING OFFICER OF THE NAVAL ACTIVITY WHEREIN HE WAS EMPLOYED. YOUR DEPARTMENT WAS REQUESTED TO FURNISH A REPORT IN THE MATTER. THE REPORT WAS FURNISHED BY THE CHIEF. SETTLEMENT COULD NOT BE EFFECTED ADMINISTRATIVELY BECAUSE THE APPROPRIATION INVOLVED WAS NO LONGER AVAILABLE. ATTACHED TO THAT REPORT WAS SECOND ENDORSEMENT DATED AUGUST 21. WHICH SPECIFICALLY STATES THAT CLAIM WAS NOT RECEIVED. A COPY OF WHICH WAS FURNISHED TO YOUR DEPARTMENT.

B-130921, APR. 5, 1957

TO THE DEPARTMENT OF THE NAVY OFFICE, COMPTROLLER OF THE NAVY:

TRANSMITTED HEREWITH FOR CONSIDERATION AND APPROPRIATE ACTION IS LETTER DATED AUGUST 28, 1955, FROM ROBERT C. MARTIN, 725 LINDEN STREET, CAPE GIRARDEAU, MISSOURI, FOR COMPENSATION REPRESENTING NIGHT DIFFERENTIAL FOR SERVICES WITH THE UNITED STATES NAVAL GUN FACTORY, WASHINGTON, D.C., DURING THE YEARS 1943 AND 1944.

CLAIM INITIALLY WAS PRESENTED TO OUR OFFICE BY MR. MARTIN IN 1946. LETTER DATED NOVEMBER 21, 1946, WE INFORMED HIM THAT UNDER THE ACT OF JULY 31, 1946, 60 STAT. 747, HIS CLAIM WAS FOR CONSIDERATION BY THE NAVY DEPARTMENT AND SUGGESTED THAT HE ADDRESS HIS INQUIRY TO THE DISBURSING OFFICER OF THE NAVAL ACTIVITY WHEREIN HE WAS EMPLOYED. IN A LETTER DATED JUNE 18, 1953, HE AGAIN PRESENTED TO US A CLAIM FOR THE NIGHT DIFFERENTIAL COMPENSATION, AND YOUR DEPARTMENT WAS REQUESTED TO FURNISH A REPORT IN THE MATTER. THE REPORT WAS FURNISHED BY THE CHIEF, BUREAU OF SUPPLIES AND ACCOUNTS, WASHINGTON, D.C. (THIRD ENDORSEMENT ON GAO CLAIMS DIVISION LETTER OF 9 JULY 1953, FILE F3.1 L16-4/MARTIN 2 SEPTEMBER 1953), SHOWING ENTITLEMENT OF THE CLAIMANT TO $10.76 AND STATING THAT IN VIEW OF THE ACT OF AUGUST 24, 1949, 63 STAT. 663, SETTLEMENT COULD NOT BE EFFECTED ADMINISTRATIVELY BECAUSE THE APPROPRIATION INVOLVED WAS NO LONGER AVAILABLE. HOWEVER, ATTACHED TO THAT REPORT WAS SECOND ENDORSEMENT DATED AUGUST 21, 1953, OF THE SUPERINTENDENT, U.S. NAVAL GUN FACTORY, COPY ENCLOSED, WHICH SPECIFICALLY STATES THAT CLAIM WAS NOT RECEIVED. THEREFORE AND INASMUCH AS THE PERTINENT STATUTE, PUBLIC LAW 575, 60 STAT. 747, PRECLUDES CONSIDERATION OF CLAIMS FOR NIGHT DIFFERENTIAL COMPENSATION UNLESS APPLICATION SHALL BE SUBMITTED IN WRITING ON OR BEFORE JULY 31, 1948, THIS OFFICE DISALLOWED THE CLAIM BY SETTLEMENT CERTIFICATE DATED OCTOBER 6, 1953, A COPY OF WHICH WAS FURNISHED TO YOUR DEPARTMENT.

INASMUCH AS MR. MARTIN HAS ADVISED IN HIS LETTER OF AUGUST 28, 1955, THAT ON DECEMBER 9, 1946, HE FORWARDED HIS CLAIM TO YOUR DEPARTMENT AND THAT ON DECEMBER 27, 1946, HE RECEIVED APPLICATION BLANKS FOR RETROACTIVE NIGHT SHIFT PAY--- WHICH FORMS HE DID NOT EXECUTE--- HIS CLAIM MAY, THEREFORE, MERIT RECONSIDERATION SHOULD HIS STATEMENTS BE SUBSTANTIATED BY THE OFFICIAL RECORDS. THEREFORE, AND IN ACCORDANCE WITH PUBLIC LAW 798, 84TH CONGRESS, APPROVED JULY 25, 1956, AND GENERAL ACCOUNTING OFFICE GENERAL REGULATIONS NO. 131-REVISED, DATED MARCH 21, 1957, THE CLAIM IS FORWARDED HEREWITH FOR APPROPRIATE DISPOSITION.

UNDER EVEN DATE MR. MARTIN HAS BEEN ADVISED CONCERNING THAT PART OF HIS CLAIM RELATING TO OVERTIME-HOLIDAY COMPENSATION AND THAT FURTHER INQUIRY WITH REGARD TO HIS CLAIM FOR NIGHT DIFFERENTIAL COMPENSATION SHOULD BE ADDRESSED TO YOUR DEPARTMENT.

THIS OFFICE REGRETS THE DELAY IN TRANSMITTING MR. MARTIN'S LETTER, WHICH DELAY WAS OCCASIONED BY THE INADVERTENT MISFILING OF SUCH CORRESPONDENCE.

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