B-139590, JUL. 10, 1959

B-139590: Jul 10, 1959

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THE CLAIM WAS DISALLOWED BY OUR OFFICE BECAUSE THE REPORT FURNISHED BY THE DEPARTMENT CONCERNED SHOWED THAT THE CHECK IN QUESTION REPRESENTED AN OVERPAYMENT. WAS PROPERLY RETURNED BY YOU FOR CANCELLATION. IT WAS REPORTED THAT YOU WERE CORRECTLY PAID THROUGH THE DATE OF YOUR SEPARATION. IN THE CORRESPONDENCE CONCERNING THIS MATTER YOU SAY THAT YOU WERE ASSIGNED TO THE FOREIGN ECONOMIC ADMINISTRATION. YOU FURTHER SAY THAT THE CHECK WAS ERRONEOUSLY RETURNED BY YOU SINCE IT REPRESENTED SALARY FOR THE FIRST TWO WEEKS OF EMPLOYMENT WITH THE FOREIGN ECONOMIC ADMINISTRATION BEGINNING WITH JULY 1. WHICH WAS HELD BACK DUE TO A "PAY-LAG" SYSTEM THEN IN EFFECT. YOU ASSERT THAT THE PERSONNEL OFFICE WHICH ACCEPTED THE RETURNED SALARY CHECK ERRED IN ACCEPTING THE CHECK AND THAT IT SHOULD BE REISSUED TO YOU WITH INTEREST ACCRUING FROM THE DATE THE CHECK WAS RETURNED AND ACCEPTED.

B-139590, JUL. 10, 1959

TO MRS. MIRIAM M. FURBERSHAW:

THIS REFERS TO YOUR UNDATED LETTER RECEIVED HERE ON APRIL 29, 1959, REQUESTING REVIEW OF THE SETTLEMENT OF APRIL 22, 1959, WHICH DISALLOWED YOUR CLAIM FOR THE PROCEEDS OF AN UNDESCRIBED SALARY CHECK ISSUED IN 1946. THE CLAIM WAS DISALLOWED BY OUR OFFICE BECAUSE THE REPORT FURNISHED BY THE DEPARTMENT CONCERNED SHOWED THAT THE CHECK IN QUESTION REPRESENTED AN OVERPAYMENT, AND WAS PROPERLY RETURNED BY YOU FOR CANCELLATION. FURTHER, IT WAS REPORTED THAT YOU WERE CORRECTLY PAID THROUGH THE DATE OF YOUR SEPARATION.

IN THE CORRESPONDENCE CONCERNING THIS MATTER YOU SAY THAT YOU WERE ASSIGNED TO THE FOREIGN ECONOMIC ADMINISTRATION, JULY 1, 1943, AND RESIGNED ON MAY 26, 1946, TO ACCEPT EMPLOYMENT WITH THE WAR DEPARTMENT. YOU SAY THAT AT THE TERMINATION OF YOUR SERVICES WITH THE FOREIGN ECONOMIC ADMINISTRATION YOU RECEIVED A SALARY CHECK REPRESENTING TWO WEEKS PAY, WHICH YOU RETURNED, ACCOMPANIED BY A LETTER ADDRESSED TO THE PERSONNEL PEOPLE IN CHARGE, STATING IN EFFECT, THAT THE SALARY CHECK REPRESENTED AN OVERPAYMENT. YOU FURTHER SAY THAT THE CHECK WAS ERRONEOUSLY RETURNED BY YOU SINCE IT REPRESENTED SALARY FOR THE FIRST TWO WEEKS OF EMPLOYMENT WITH THE FOREIGN ECONOMIC ADMINISTRATION BEGINNING WITH JULY 1, 1943, WHICH WAS HELD BACK DUE TO A "PAY-LAG" SYSTEM THEN IN EFFECT. YOU ASSERT THAT THE PERSONNEL OFFICE WHICH ACCEPTED THE RETURNED SALARY CHECK ERRED IN ACCEPTING THE CHECK AND THAT IT SHOULD BE REISSUED TO YOU WITH INTEREST ACCRUING FROM THE DATE THE CHECK WAS RETURNED AND ACCEPTED.

BY LETTER DATED MARCH 24, 1959, THE EMPLOYEE ACCOUNTS AND REPORTS BRANCH, OFFICE OF FINANCE, DEPARTMENT OF STATE REPORTED TO US AS FOLLOWS:

"YOUR LETTER DATED MARCH 6, 1959, * * * RELATING TO THE CLAIM OF MIRIAM M. FURBERSHAW, * * * HAS BEEN RECEIVED.

"AN EXAMINATION OF THE FISCAL RECORDS OF THE CLAIMANT INDICATES THAT HER SERVICES WITH THE FOREIGN ECONOMIC ADMINISTRATION WERE TERMINATED TO ACCEPT EMPLOYMENT WITH THE WAR DEPARTMENT EFFECTIVE MAY 27, 1946. IN THE PAY PERIOD MAY 19 THROUGH JUNE 1, 1946 A CHECK WAS ISSUED IN THE NET AMOUNT OF $187.65 REPRESENTING 80 HOURS SALARY FOR THIS PERIOD AT $4520 PER ANNUM PLUS AN ADJUSTMENT BETWEEN $4520 AND $4300 FOR THE PERIOD FEBRUARY 10 THROUGH MAY 18, 1946. SINCE THE CLAIMANT ENTERED ON DUTY WITH THE WAR DEPARTMENT EFFECTIVE MAY 27, 1946, SHE WAS NOT ENTITLED TO THE FULL PROCEEDS OF THIS CHECK, AND RECORDS SHOW THAT A REFUND OF 40 HOURS SALARY OVERPAYMENT FOR THE PERIOD MAY 27 THROUGH JUNE 1, 1946 IN THE NET AMOUNT OF $66.97 WAS OBTAINED AND RECORDED ON SCHEDULE OF COLLECTIONS NO. 124 IN THE SEPTEMBER 1946 ACCOUNTS OF E. J. BRENNA, SYMBOL 2000. THIS TRANSACTION WOULD, THEREFORE, SETTLE CLAIMANT'S PAY ACCOUNT WITH THE FOREIGN ECONOMIC ADMINISTRATION. FURTHER EXAMINATION SHOWS THAT A CHECK IN THE NET AMOUNT OF $141.94 WAS ERRONEOUSLY ISSUED IN THE PAY PERIOD JUNE 2 THROUGH 15, 1946, AND SUBSEQUENTLY CANCELLED. SINCE MRS. FURBERSHAW WAS NOT ENTITLED TO THIS CHECK, IT WAS IN ORDER TO CANCEL THE CHECK. DOUBT, THIS IS THE CHECK TO WHICH SHE REFERS IN HER CLAIM. THEREFORE, IT WOULD APPEAR THAT MRS. FURBERSHAW WAS CORRECTLY PAID BY THE DEPARTMENT (FOREIGN ECONOMIC ADMINISTRATION) THROUGH THE DATE OF HER SEPARATION, AND HER CLAIM SHOULD BE DENIED.'

THE ABOVE-QUOTED REPORT DOES NOT REFER TO SALARY CHECK ISSUED IN PAYMENT FOR SERVICES RENDERED BY YOU DURING 1943 AND IT MAY BE THAT THE YEAR MENTIONED IN YOUR LETTER IS AN ERROR.

HOWEVER THAT MAY BE, IN THE FURTHERANCE OF A CLAIM COGNIZABLE BY OUR OFFICE UNDER THE LAW, IT IS INCUMBENT UPON THE CLAIMANT TO ESTABLISH BY PROPER EVIDENCE THAT THE CLAIM IS DUE AND PAYABLE. MOREOVER, WHEN THERE IS A CONFLICT BETWEEN THE FACTS ALLEGED BY A CLAIMANT AND THE FACTS ADMINISTRATIVELY REPORTED AS VERIFIED FROM THE OFFICIAL RECORD, OUR CONCLUSIONS NECESSARILY MUST BE BASED UPON THE OFFICIAL WRITTEN RECORD, WHICH RECORD IS PRESUMED TO BE CORRECT IN THE ABSENCE OF CLEAR EVIDENCE TO THE CONTRARY. SEE B-136447, JULY 18, 1958 (COPY ENCLOSED); ALSO 37 COMP. GEN. 797, 798. THE INFORMATION YOU HAVE FURNISHED US IS NOT SUFFICIENT TO JUSTIFY A DETERMINATION BY OUR OFFICE THAT THE ADMINISTRATIVE REPORT FURNISHED IS INCORRECT OR THAT YOUR CLAIM IS ALLOWABLE.

THEREFORE, AND AS YOUR LETTER RECEIVED APRIL 29, 1959, ADDS NO FACT OR EVIDENCE OF A CIRCUMSTANCE NOT ALREADY CONSIDERED IN OUR SETTLEMENT OF APRIL 22, 1959, THE SETTLEMENT IS SUSTAINED.

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