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B-125651, APR. 29, 1957

B-125651 Apr 29, 1957
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THAT CLAIM ORIGINALLY WAS DISALLOWED BY OUR OFFICE ON AUGUST 4. WAS SUSTAINED BY OUR DECISION OF NOVEMBER 9. REFERS TO SOME ADDITIONAL CLAIMS THAT YOU HAVE PENDING AS A RESULT OF YOUR EMPLOYMENT WITH THE WAR DEPARTMENT (NOW DEPARTMENT OF THE ARMY). YOU WERE AUTHORIZED PAYMENT OF $58.50. YOU WERE AUTHORIZED PAYMENT OF $1. OF THIS AMOUNT $53.20 WAS DEPOSITED IN YOUR CIVIL SERVICE RETIREMENT ACCOUNT AND $293.26 WAS WITHHELD FOR FEDERAL WITHHOLDING TAX. YOU WERE AUTHORIZED PAYMENT OF $30. THAT DECISION SETS FORTH THE REASONS WHY YOU ARE NOT ENTITLED TO SALARY AND PAYMENT OF ANNUAL LEAVE FOR THE PERIOD IN QUESTION. WHICH ARE INCORPORATED INTO THE CONTRACT BY REFERENCE ARE NOT APPLICABLE TO YOUR CASE.

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B-125651, APR. 29, 1957

TO MR. ARTHUR S. JOHNSON:

ON MARCH 14, 1956, MR. GERALD B. BROWN, YOUR ATTORNEY, WROTE TO US CONCERNING YOUR CLAIM FOR SALARY FOR THE PERIOD FEBRUARY 24 TO JUNE 10, 1953, AND PAYMENT OF ANNUAL LEAVE ALLEGED TO BE DUE AS AN EMPLOYEE OF THE WAR DEPARTMENT (NOW DEPARTMENT OF THE ARMY), FAR EAST COMMAND, JAPAN. THAT CLAIM ORIGINALLY WAS DISALLOWED BY OUR OFFICE ON AUGUST 4, 1955, AND WAS SUSTAINED BY OUR DECISION OF NOVEMBER 9, 1955.

THE LETTER OF MARCH 14, 1956, REFERS TO SOME ADDITIONAL CLAIMS THAT YOU HAVE PENDING AS A RESULT OF YOUR EMPLOYMENT WITH THE WAR DEPARTMENT (NOW DEPARTMENT OF THE ARMY). BY SETTLEMENT OF OUR OFFICE DATED MAY 10, 1956, YOU WERE AUTHORIZED PAYMENT OF $58.50, REPRESENTING 6 1/2 DAYS PER DIEM AT $9 PER DAY FOR THE PERIOD DECEMBER 21, 1952, TO DECEMBER 27, 1952, WHILE TRAVELING FROM MANILA, PHILIPPINE ISLANDS, TO YOKAHAMA, JAPAN. SETTLEMENT OF OCTOBER 31, 1956, YOU WERE AUTHORIZED PAYMENT OF $1,629.20, REPRESENTING RETROACTIVE ADJUSTMENT OF SALARY AND OVERTIME FOR THE PERIOD MAY 3, 1952, TO FEBRUARY 23, 1953, $1,267.59 PLUS $361.61 FOR RETROACTIVE ADJUSTMENT OF LUMP-SUM LEAVE PAYMENT. OF THIS AMOUNT $53.20 WAS DEPOSITED IN YOUR CIVIL SERVICE RETIREMENT ACCOUNT AND $293.26 WAS WITHHELD FOR FEDERAL WITHHOLDING TAX. BY SETTLEMENT OF MARCH 20, 1957, YOU WERE AUTHORIZED PAYMENT OF $30, REPRESENTING COST OF TRANSPORTATION FROM FS 392 TO MANILA HOTEL, MANILA, AND FROM MANILA TO CLARK AIR FIELD IN THE PHILIPPINE ISLANDS, DURING THE PERIOD DECEMBER 21 TO DECEMBER 25, 1952. CONCERNING YOUR CLAIM FOR SALARY FOR THE PERIOD FEBRUARY 24 TO JUNE 10, 1953, AND PAYMENT OF ANNUAL LEAVE THE PRESENT LETTER PRESENTS NO FACTS NOT HERETOFORE FULLY CONSIDERED IN OUR DECISION OF NOVEMBER 9, 1955, B-125651, TO YOU. THAT DECISION SETS FORTH THE REASONS WHY YOU ARE NOT ENTITLED TO SALARY AND PAYMENT OF ANNUAL LEAVE FOR THE PERIOD IN QUESTION, AND IT WOULD BE NEEDLESS REPETITION TO RESTATE THE CASE IN DETAIL HERE.

THE RECORDS SHOW THAT EFFECTIVE FEBRUARY 23, 1953, THE GOVERNMENT EXERCISED ITS OPTION UNDER THE ORIGINAL CONTRACT TO TERMINATE YOUR EMPLOYMENT.

IT APPEARS TO BE YOUR CONTENTION THAT PARAGRAPH 15 OF THE EMPLOYMENT CONTRACT AND THE MARINE PERSONNEL REGULATIONS, DEPARTMENT OF THE ARMY, WHICH ARE INCORPORATED INTO THE CONTRACT BY REFERENCE ARE NOT APPLICABLE TO YOUR CASE. THE CONTRACT ENTERED INTO BETWEEN YOU AND THE GOVERNMENT MUST BE CONSTRUED AS A WHOLE AND THE INTENTION OF THE PARTIES ARE TO BE COLLECTED FROM THE ENTIRE INSTRUMENT AND NOT FROM DETACHED PARTIES, IT BEING NECESSARY TO CONSIDER ALL OF ITS PARTS IN ORDER TO DETERMINE THE MEANING OF ANY PARTICULAR PART AS WELL AS THE WHOLE.

ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM WAS PROPER AND SUCH ACTION MUST BE SUSTAINED.

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