B-162677, SEP. 30, 1968
Highlights
THE MATTER WAS THE SUBJECT OF OUR LETTERS OF JULY 30. YOU AGAIN ASSERT THAT YOU WERE NOT INFORMED OF THE REFUND REQUIREMENT UNTIL MID-NOVEMBER 1967 . YOU SAY THAT SUCH FACT WAS ESTABLISHED AT AN ADMINISTRATIVE HEARING HELD ON SEPTEMBER 6. WE HAVE BEEN FURNISHED NO INFORMATION CONCERNING THE ADMINISTRATIVE HEARING TO WHICH YOU REFER. WE WILL. GIVE APPROPRIATE CONSIDERATION TO ANY ADDITIONAL EVIDENCE WHICH YOU MAY WISH TO SUBMIT TO US IN THIS MATTER SINCE IT IS OUR POLICY TO CONSIDER ALL MATERIAL RELATING TO THE CASE. WERE NOT INFORMED OF THE REFUND REQUIREMENT AT THE TIME OF YOUR REINSTATEMENT (AS REPORTED BY YOUR ADMINISTRATIVE OFFICE) SUCH FACT WOULD HAVE NO BEARING ON YOUR LEGAL LIABILITY TO MAKE REFUND OF THE LUMP- SUM LEAVE PAYMENT.
B-162677, SEP. 30, 1968
TO MR. JAMES M. WHITE:
WE REFER TO YOUR LETTER OF SEPTEMBER 8, 1968, CONCERNING THE REFUND OF YOUR LUMP-SUM LEAVE PAYMENT TO THE DEPARTMENT OF THE NAVY. THE MATTER WAS THE SUBJECT OF OUR LETTERS OF JULY 30, 1968 (TO CONGRESSMAN ABBITT) AND AUGUST 28, 1968 (TO YOU).
IN YOUR LETTER OF SEPTEMBER 8, YOU AGAIN ASSERT THAT YOU WERE NOT INFORMED OF THE REFUND REQUIREMENT UNTIL MID-NOVEMBER 1967 -- 2 MONTHS AFTER YOUR REINSTATEMENT AT THE NORFOLK NAVAL SHIPYARD. YOU SAY THAT SUCH FACT WAS ESTABLISHED AT AN ADMINISTRATIVE HEARING HELD ON SEPTEMBER 6, 1968.
WE HAVE BEEN FURNISHED NO INFORMATION CONCERNING THE ADMINISTRATIVE HEARING TO WHICH YOU REFER. WE WILL, OF COURSE, GIVE APPROPRIATE CONSIDERATION TO ANY ADDITIONAL EVIDENCE WHICH YOU MAY WISH TO SUBMIT TO US IN THIS MATTER SINCE IT IS OUR POLICY TO CONSIDER ALL MATERIAL RELATING TO THE CASE. HOWEVER, EVEN ASSUMING FOR THE PURPOSES OF DISCUSSION THAT YOU, IN FACT, WERE NOT INFORMED OF THE REFUND REQUIREMENT AT THE TIME OF YOUR REINSTATEMENT (AS REPORTED BY YOUR ADMINISTRATIVE OFFICE) SUCH FACT WOULD HAVE NO BEARING ON YOUR LEGAL LIABILITY TO MAKE REFUND OF THE LUMP- SUM LEAVE PAYMENT. AS WE POINTED OUT IN OUR LETTER OF JULY 30, 1968, TO CONGRESSMAN ABBITT, YOUR LIABILITY IN THIS MATTER IS IMPOSED BY STATUTE (5 U.S.C. 6306 (A) ( AND THE PROVISIONS THEREOF MAY NOT BE WAIVED IN A PARTICULAR CASE.
THEREFORE, AS FAR AS YOUR LIABILITY IS CONCERNED, ANY FURTHER DISCUSSION OR EVIDENCE REGARDING THE TIME AT WHICH YOU WERE FIRST INFORMED OF THE REFUND REQUIREMENT WOULD SERVE NO USEFUL PURPOSE.