B-126100, DEC. 30, 1955
Highlights
WRING: REFERENCE IS MADE TO YOUR LETTERS OF NOVEMBER 1 AND 22. YOUR CLAIM FOR OVERTIME SERVICE ABOARD THE USAT COMFORT WAS DISALLOWED FOR THE REASON THAT THE RECORDS SHOW THAT YOU HAVE BEEN PAID FOR 26 HOURS' OVERTIME FOR THE PERIOD AUGUST 1 TO 15. WHICH APPARENTLY IS ALL THE OVERTIME TO WHICH YOU WERE ENTITLED FOR THE PERIOD IN QUESTION. OTHER THAN YOUR UNSUPPORTED STATEMENT TO THE EFFECT THAT THE RECORD IN YOUR CASE IS INCORRECT AND TO REITERATE YOUR CLAIM FOR OVERTIME COMPENSATION. YOU HAVE FURNISHED NO EVIDENCE THAT YOU ARE ENTITLED TO 81 HOURS' ADDITIONAL OVERTIME FOR THE PERIOD IN QUESTION OTHER THAN YOUR UNSUPPORTED DECLARATION TO THAT EFFECT. WHICH IS INSUFFICIENT TO OVERCOME THE REPORT BY THE DEPARTMENT OF THE ARMY THAT IT HAS NO RECORD OF OVERTIME SERVICE DURING THE INVOLVED PERIOD OTHER THAN AS STATED ABOVE.
B-126100, DEC. 30, 1955
TO MR. THOMAS M. WRING:
REFERENCE IS MADE TO YOUR LETTERS OF NOVEMBER 1 AND 22, 1955, REQUESTING FURTHER CONSIDERATION OF OUR SETTLEMENT DATED OCTOBER 26, 1955, WHICH DISALLOWED YOUR CLAIM FOR PAYMENT OF OVERTIME COMPENSATION FOR THE PERIOD AUGUST 1 TO 26, 1949, WHILE EMPLOYED ABOARD THE USAT COMFORT. ALSO, YOU CLAIM OVERTIME INCIDENT TO SERVICE ABOARD THE USAT LONGFITT.
YOUR CLAIM FOR OVERTIME SERVICE ABOARD THE USAT COMFORT WAS DISALLOWED FOR THE REASON THAT THE RECORDS SHOW THAT YOU HAVE BEEN PAID FOR 26 HOURS' OVERTIME FOR THE PERIOD AUGUST 1 TO 15, 1949, AND FOR EIGHT HOURS' OVERTIME FROM AUGUST 16 TO 26, 1949, WHICH APPARENTLY IS ALL THE OVERTIME TO WHICH YOU WERE ENTITLED FOR THE PERIOD IN QUESTION. THE ADDITIONAL OVERTIME SERVICE ALLEGED BY YOU CANNOT NOW BE VERIFIED FROM AVAILABLE OFFICIAL RECORDS.
IN YOUR REQUEST FOR REVIEW YOU PRESENT NO NEW OR MATERIAL FACTS NOT HERETOFORE CONSIDERED, OTHER THAN YOUR UNSUPPORTED STATEMENT TO THE EFFECT THAT THE RECORD IN YOUR CASE IS INCORRECT AND TO REITERATE YOUR CLAIM FOR OVERTIME COMPENSATION. OUR OFFICE HAS NO FIRSTHAND KNOWLEDGE OF THE FACTS HERE INVOLVED AND, NECESSARILY MUST RELY UPON THE INFORMATION FURNISHED BY THE ADMINISTRATIVE OFFICE. YOU HAVE FURNISHED NO EVIDENCE THAT YOU ARE ENTITLED TO 81 HOURS' ADDITIONAL OVERTIME FOR THE PERIOD IN QUESTION OTHER THAN YOUR UNSUPPORTED DECLARATION TO THAT EFFECT, WHICH IS INSUFFICIENT TO OVERCOME THE REPORT BY THE DEPARTMENT OF THE ARMY THAT IT HAS NO RECORD OF OVERTIME SERVICE DURING THE INVOLVED PERIOD OTHER THAN AS STATED ABOVE.
ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM APPEARS PROPER AND SUCH ACTION MUST BE SUSTAINED.
CONCERNING YOUR REQUEST FOR PERSONAL INTERVIEW, YOU ARE ADVISED THAT OUR OFFICE MUST PROCEED ON THE BASIS OF THE WRITTEN RECORD AND AN ORAL DISCUSSION OF YOUR CLAIM WOULD APPEAR TO SERVE NO USEFUL PURPOSE AT THIS TIME. HOWEVER, THE OFFICE IS OPEN EACH BUSINESS DAY, MONDAY THROUGH FRIDAY FROM 8:45 A.M. TO 4:45 P.M., AND YOU MAY CALL HERE AT ANY TIME DURING THOSE HOURS AND A MEMBER OF OUR LEGAL STAFF HANDLING SUCH MATTERS WILL BE ASSIGNED TO DISCUSS YOUR CLAIM.
YOUR CLAIM FOR COMPENSATION WHILE SERVING ABOARD THE USAT LONGFITT DURING DECEMBER 1949, IS RECEIVING CONSIDERATION AND YOU WILL BE NOTIFIED OF THE ACTION TAKEN AT A LATER DATE.