B-138343, APR. 26, 1961

B-138343, APR. 26, 1961

TO MR. KARL H. STELLO:

WE REFER TO YOUR LETTER OF MARCH 29, 1961, REQUESTING REVIEW OF THE ACTION TAKEN IN OUR DECISION OF NOVEMBER 3, 1960, B-138343, TO YOU, WHEREIN WE SUSTAINED THE ACTION OF OUR CLAIMS DIVISION IN DISALLOWING YOUR CLAIM FOR BACK PAY FOR THE PERIOD JUNE 4, 1958, TO JUNE 30, 1959, WHILE SEPARATED FROM THE DEPARTMENT OF THE NAVY, ENGINEERING DIVISION, ARLINGTON COUNTY, VIRGINIA.

THE FACTS IN YOUR CASE WERE FULLY SET OUT IN OUR DECISION OF NOVEMBER 3 AND NEED NOT BE REPEATED HERE. YOUR CLAIM FOR BACK PAY AT THE RATE OF $6,885 PER ANNUM, PLUS $395 PAY RAISE ALLEGEDLY DUE IN 1958, WITH SIX PERCENT INTEREST WAS DISALLOWED IN THAT DECISION ON THE GROUNDS THAT WHEN EVIDENCE SUBMITTED BY A CLAIMANT IS SO CONTRADICTORY OR CONFLICTING THAT THE TRUE FACTS MAY NOT BE ASCERTAINED, IT LONG HAS BEEN THE RULE THAT GOVERNMENT ACCOUNTING OFFICERS SHALL REJECT OR DISALLOW ALL CLAIMS OR ACCOUNTS CONCERNING WHICH THEY HAVE REASONABLE CAUSE TO SUSPECT IRREGULARITY THUS RESERVING THE MATTER FOR SCRUTINY IN THE COURTS WHERE THE FACTS MAY BE JUDICIALLY DETERMINED UNDER SWORN TESTIMONY AND COMPETENT EVIDENCE, AND APPROPRIATE ACTION TAKEN.

IN YOUR PRESENT LETTER YOU SAY THAT:

"YOUR LETTER OF NOVEMBER 3, 1960 TO ME CONTAINS A STATEMENT THAT "IN A MEMORANDUM DATED OCTOBER 19, 1959, TO THE SUPERVISING INSPECTOR OF NAVAL MATERIAL, YOU SAID THESE EARNINGS AMOUNTED TO $3,387.50.

"IT WOULD BE APPRECIATED IF I COULD HAVE A CERTIFIED OR PHOTOSTATIC COPY OF THIS MEMORANDUM, WHICH YOU ALLEGE THAT I ORIGINATED AND I AM WILLING TO PAY WHATEVER FEE IS INVOLVED.

"I AGAIN APPEAL THIS DECISION, AND OFFER THE NEW EVIDENCE THAT THE NAVY'S FIGURE OF $3,387.50 IS INCORRECT FOR EARNINGS COVERING THE PERIOD JUNE 4 THROUGH NOVEMBER 21, 1958. AS A MATTER OF FACT, THESE EARNINGS COVER THE PERIOD OF MAY 16, 1958 TO NOVEMBER 21, 1958. THE PERIOD OF MAY 16, 1958 THROUGH JUNE 3, 1958 WAS CONCURRENT EMPLOYMENT, WHILE I WAS ON ANNUAL LEAVE FROM THE NAVY.'

WE DO NOT HAVE THE MEMORANDUM OF OCTOBER 19, 1959, ON FILE IN OUR OFFICE; HENCE, WE CANNOT FURNISH YOU A COPY AS REQUESTED. REQUEST FOR SUCH COPY SHOULD BE DIRECTED TO THE DEPARTMENT OF THE NAVY. CONCERNING YOUR STATEMENT THAT THE NAVY'S FIGURE OF $3,387.50, REPRESENTING EARNINGS COVERING THE PERIOD JUNE 4 THROUGH NOVEMBER 21, 1958, IS INCORRECT, NEITHER IN OUR SETTLEMENT OF JULY 28, 1960, NOR IN OUR DECISION OF NOVEMBER 3, 1960, DID WE SHOW SUCH A FIGURE AS COMING FROM THE DEPARTMENT OF THE NAVY. RATHER, THAT FIGURE WAS OBTAINED FROM PAPERS SUBMITTED BY YOU IN SUPPORT OF YOUR CLAIM.

YOUR LETTER OF MARCH 29 ADDS NO MATERIAL EVIDENCE TO THE CASE AND FURTHER CONSIDERATION BY US OF THE ADVERSE ACTION IS NOT WARRANTED ON THE PRESENT RECORD.