B-126081, OCT. 9, 1959

B-126081: Oct 9, 1959

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WHICH WAS NOT GRANTED ADMINISTRATIVELY. WE EXPLAINED THAT IT WAS NOT UNTIL THE PASSAGE OF THE ACT OF DECEMBER 21. WE POINTED OUT THAT THE ACT WHICH WAS APPROVED ON DECEMBER 21. SINCE THE TERMINATION OF YOUR EMPLOYMENT WAS ON JULY 20. THERE IS NO STATUTE UNDER WHICH PAYMENT OF YOUR CLAIM MAY BE AUTHORIZED. WE ARE POWERLESS TO ALLOW YOUR CLAIM. THERE IS NO FURTHER ACTION WE MAY TAKE IN THE MATTER AND FURTHER LETTERS FROM YOU MERELY REITERATING YOUR REQUEST FOR REVIEW OF YOUR CLAIM WILL BE FILED WITHOUT REPLY.

B-126081, OCT. 9, 1959

TO MR. BEN L. SHAUGHNESSY:

ON SEPTEMBER 3, 1959, YOU AGAIN REQUESTED RECONSIDERATION OF YOUR CLAIM FOR PAYMENT OF THE ANNUAL LEAVE WHICH YOU HAD ACCRUED, BUT WHICH WAS NOT GRANTED ADMINISTRATIVELY, PRIOR TO YOUR SEPARATION ON JULY 20, 1942, AS AN EMPLOYEE OF THE NAVAL AMMUNITION DEPOT, HINGHAM, MASSACHUSETTS.

IN OUR LETTERS OF DECEMBER 20, 1955, FEBRUARY 28, 1956, AUGUST 29, 1957, JULY 17, 1958, TO YOU, AND OUR LETTER TO THE HONORABLE LEVERETT SALTONSTALL OF FEBRUARY 6, 1957, CONCERNING YOUR CLAIM, WE EXPLAINED THAT IT WAS NOT UNTIL THE PASSAGE OF THE ACT OF DECEMBER 21, 1944, 58 STAT. 845, THAT THE CONGRESS PROVIDED FOR PAYMENT FOR THE ANNUAL LEAVE TO AN EMPLOYEE'S CREDIT AT TIME OF SEPARATION. ALSO, WE POINTED OUT THAT THE ACT WHICH WAS APPROVED ON DECEMBER 21, 1944, DID NOT CONTAIN ANY RETROACTIVE PROVISIONS. THEREFORE, SINCE THE TERMINATION OF YOUR EMPLOYMENT WAS ON JULY 20, 1942, YOU ACQUIRED NO RIGHTS UNDER THAT ACT.

THERE IS NO STATUTE UNDER WHICH PAYMENT OF YOUR CLAIM MAY BE AUTHORIZED, HENCE, WE ARE POWERLESS TO ALLOW YOUR CLAIM. THUS, THERE IS NO FURTHER ACTION WE MAY TAKE IN THE MATTER AND FURTHER LETTERS FROM YOU MERELY REITERATING YOUR REQUEST FOR REVIEW OF YOUR CLAIM WILL BE FILED WITHOUT REPLY.

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