B-130614, MAR. 19, 1958
Highlights
THE FACTS IN YOUR CASE AND THE REASON FOR THE DISALLOWANCE OF YOUR CLAIM ARE FULLY SET FORTH IN OUR DECISION TO YOU OF MAY 29. IT IS YOUR CONTENTION THAT YOU WERE DISCHARGED ON DECEMBER 30. WERE IN A NON-PAY STATUS FROM DECEMBER 30. YOU CLAIM PAY NOT ONLY FOR THAT PERIOD BUT ALSO UNTIL YOUR ARRIVAL AT THE POINT OF YOUR HIRE WHICH WAS ON JANUARY 5. YOU WERE FURNISHED GOVERNMENT TRANSPORTATION TO THE UNITED STATES ON JANUARY 4. WHICH WAS THE FIRST AVAILABLE TRANSPORTATION AFTER YOU WERE SEPARATED FROM THE SERVICE. YOU WERE ALLOWED PER DIEM IN LIEU OF SUBSISTENCE DURING THE PERIOD OF ACTUAL TRAVEL WHICH. WILL NOT BE QUESTIONED NOW. WE DO NOT HAVE A COPY OF THE EMPLOYMENT AGREEMENT SIGNED BY YOU ON FILE.
B-130614, MAR. 19, 1958
TO MR. HOMER A KEENE:
YOUR UNDATED LETTER POSTMARKED JANUARY 13, 1958, FORWARDED TO OUR OFFICE BY THE U.S. NAVY REGIONAL ACCOUNTS OFFICE, IN EFFECT REQUESTS RECONSIDERATION OF THAT PART OF OUR DECISION OF MAY 29, 1957, B 130614, TO YOU, WHICH SUSTAINED THE DISALLOWANCE OF COMPENSATION FOR THE PERIOD DECEMBER 31, 1955, TO JANUARY 5, 1956.
THE FACTS IN YOUR CASE AND THE REASON FOR THE DISALLOWANCE OF YOUR CLAIM ARE FULLY SET FORTH IN OUR DECISION TO YOU OF MAY 29, AND NEED NOT BE REPEATED HERE.
IT IS YOUR CONTENTION THAT YOU WERE DISCHARGED ON DECEMBER 30, 1955, IN VIOLATION OF AN EMPLOYMENT CONTRACT WITH THE DEPARTMENT OF THE NAVY AND, AS A CONSEQUENCE, WERE IN A NON-PAY STATUS FROM DECEMBER 30, 1955, UNTIL JANUARY 4, 1956, BEFORE TRANSPORTATION HOME BECAME AVAILABLE. YOU CLAIM PAY NOT ONLY FOR THAT PERIOD BUT ALSO UNTIL YOUR ARRIVAL AT THE POINT OF YOUR HIRE WHICH WAS ON JANUARY 5, 1956.
YOU WERE FURNISHED GOVERNMENT TRANSPORTATION TO THE UNITED STATES ON JANUARY 4, 1956, WHICH WAS THE FIRST AVAILABLE TRANSPORTATION AFTER YOU WERE SEPARATED FROM THE SERVICE. ALSO, YOU WERE ALLOWED PER DIEM IN LIEU OF SUBSISTENCE DURING THE PERIOD OF ACTUAL TRAVEL WHICH, WHILE OF DOUBTFUL LEGALITY, WILL NOT BE QUESTIONED NOW.
WE DO NOT HAVE A COPY OF THE EMPLOYMENT AGREEMENT SIGNED BY YOU ON FILE, BUT THERE IS A LETTER DATED APRIL 24, 1956, FROM THE COMMANDING OFFICER, U.S. NAVAL STATION, KODIAK, ALASKA, STATING THAT NEITHER YOUR CONTRACT OF EMPLOYMENT NOR TRAVEL ORDERS SPECIFY THAT AN EMPLOYEE MUST BE KEPT ON THE PAYROLL UNTIL RETURNED TO THE CONTINENTAL UNITED STATES.
IT HAS BEEN REPORTED HERE ADMINISTRATIVELY THAT YOUR EMPLOYMENT WITH THE DEPARTMENT OF THE NAVY TERMINATED AS OF DECEMBER 30, 1955, AT KODIAK, ALASKA, AS A RESULT OF A NECESSARY REDUCTION IN FORCE, AND DOES NOT APPEAR THAT YOU PERFORMED ANY SERVICES FOR THE DEPARTMENT OF THE NAVY AFTER THAT DATE. HENCE, IT IS CLEAR THAT THE PAYMENT OF SALARY FOR SERVICES RENDERED THE SAID DEPARTMENT MUST, AND DID, CEASE AS OF DECEMBER 30, 1955, IT BEING A WELL-SETTLED RULE THAT PAYMENT OF COMPENSATION TO A FORMER CIVILIAN EMPLOYEE OF THE GOVERNMENT FOR A PERIOD SUBSEQUENT TO HIS SEPARATION FROM THE SERVICE OF THE GOVERNMENT IS UNAUTHORIZED.
ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM WAS PROPER AND IS SUSTAINED.