B-91369, NOV. 6, 1957
Highlights
WHICH WAS DISALLOWED IN OUR OFFICE SETTLEMENT OF JANUARY 20. YOU WERE SEPARATED FROM THE SERVICE PURSUANT TO THE PROVISIONS OF 56 STAT. 1053. FOR THE REMOVAL OF ANY EMPLOYEE OF THE WAR DEPARTMENT "* * * WHOSE IMMEDIATE REMOVAL IS. OR WHO IS A MEMBER OF AN ORGANIZATION THAT ADVOCATES. YOUR CLAIM WAS DISALLOWED. YOU NOW CONTEND THAT YOU ARE ENTITLED TO THE MONIES INVOLVED BECAUSE. "THE REASONS QUOTED FOR MY DISALLOWANCE WERE BASED ON REGULATIONS AFTER THE DATE OF MY REMOVAL FROM GOVERNMENT SERVICE.'. YOU ADD AS A FURTHER REASON THAT YOUR CLAIM SHOULD BE ALLOWED BECAUSE THE ALLEGATIONS MADE WERE UNSUBSTANTIATED. WE ARE UNABLE TO ASCERTAIN THE "REGULATIONS" TO WHICH YOU REFER IN YOUR LETTER.
B-91369, NOV. 6, 1957
TO MR. ALBERT SOCOL:
YOUR LETTER OF SEPTEMBER 30, 1957, REQUESTS REVIEW OF YOUR CLAIM FOR AN AMOUNT ALLEGED TO BE DUE FOR ANNUAL LEAVE ACCRUED TO YOU DURING THE PERIOD FROM APRIL 7, 1942 TO SEPTEMBER 26, 1947, WHILE AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY, SIGNAL CORPS ENGINEERING LABORATORIES, FORT MONMOUTH, NEW JERSEY, WHICH WAS DISALLOWED IN OUR OFFICE SETTLEMENT OF JANUARY 20, 1950.
YOU WERE SEPARATED FROM THE SERVICE PURSUANT TO THE PROVISIONS OF 56 STAT. 1053, WHICH PROVIDED, IN PERTINENT PART, FOR THE REMOVAL OF ANY EMPLOYEE OF THE WAR DEPARTMENT "* * * WHOSE IMMEDIATE REMOVAL IS, IN THE OPINION OF THE SECRETARY * * * WARRANTED BY THE DEMANDS OF NATIONAL SECURITY.' THE RECORDS INDICATED THE APPLICABILITY TO YOUR CASE OF THE PROVISION OF SECTION 9 OF THE MILITARY APPROPRIATION ACT, 1948, 61 STAT. 571, WHICH PROVIDED, IN PERTINENT PART,"NO PART OF ANY APPROPRIATION CONTAINED IN THIS ACT SHALL BE USED TO PAY THE SALARY OR WAGES OF ANY PERSON WHO * * * ADVOCATES, OR WHO IS A MEMBER OF AN ORGANIZATION THAT ADVOCATES, THE OVERTHROW OF THE GOVERNMENT OF THE UNITED STATES BY FORCE OR VIOLENCE * * *.' THEREFORE, IN OFFICE SETTLEMENT 2780027 OF JANUARY 20, 1950, YOUR CLAIM WAS DISALLOWED.
YOU NOW CONTEND THAT YOU ARE ENTITLED TO THE MONIES INVOLVED BECAUSE,
"THE REASONS QUOTED FOR MY DISALLOWANCE WERE BASED ON REGULATIONS AFTER THE DATE OF MY REMOVAL FROM GOVERNMENT SERVICE.' YOU ADD AS A FURTHER REASON THAT YOUR CLAIM SHOULD BE ALLOWED BECAUSE THE ALLEGATIONS MADE WERE UNSUBSTANTIATED.
WE ARE UNABLE TO ASCERTAIN THE "REGULATIONS" TO WHICH YOU REFER IN YOUR LETTER. YOUR SEPARATION FROM THE SERVICE WAS ON SEPTEMBER 26, 1947. THE AUTHORITY FOR SUCH SEPARATION IS FOUND IN THE ACT APPEARING AT 56 STAT. 1053. THIS ACT BECAME EFFECTIVE ON JUNE 30, 1942.1 YOUR REMOVAL ON SEPTEMBER 26, 1947, FELL WITHIN THE PERIOD THAT THE ABOVE CITED ACT WAS OPERATIVE. THE OTHER ACT REFERRED TO IN OUR DISALLOWANCE OF JANUARY 20, 1950, WAS THE MILITARY APPROPRIATION ACT, 1948, 61 STAT. 571. THIS WAS AN APPROPRIATION ACT FOR THE FISCAL YEAR ENDING JUNE 30, 1948, AND WAS APPROVED ON JULY 30, 1947. YOUR SEPARATION ON SEPTEMBER 26, 1947, ALSO CAME WITHIN THE OPERATION OF THIS ACT. IT APPEARS THEN THAT YOUR SEPARATION AND OUR DISALLOWANCE OF YOUR CLAIM WAS PURSUANT TO STATUTES IN EFFECT AT THE TIME OF YOUR REMOVAL. MOREOVER, YOUR SELF-SERVING DECLARATION THAT THE ALLEGATIONS MADE WERE UNSUBSTANTIATED IS NOT A SUFFICIENT BASIS FOR A REVERSAL OF OUR PRIOR DISALLOWANCE.