B-128608, AUG. 28, 1956
Highlights
WHICH DISALLOWED YOUR CLAIM FOR COMPENSATION ALLEGED TO BE DUE FOR THE PERIOD YOU WERE IN A LEAVE-WITHOUT-PAY STATUS AS AN EMPLOYEE OF THE U.S. YOUR CLAIM WAS DISALLOWED PRIMARILY BECAUSE YOU HAD BEEN PAID IN FULL FOR ALL THE SICK AND ANNUAL LEAVE TO YOUR CREDIT ON THE DATE OF YOUR TRANSFER. IN THAT YOU WERE NOT SUSPENDED WITHOUT PAY OR DISCHARGED UPON CHARGES OF MISCONDUCT. IT APPEARS FROM THE ADMINISTRATIVE REPORT THAT AFTER CERTAIN TESTS WERE MADE AND THE RESULTS WERE POSITIVE. YOU WERE GRANTED LEAVE OF ABSENCE WITHOUT PAY FOR A PERIOD OF ONE YEAR FOR THE PURPOSE OF HAVING ADDITIONAL TESTS MADE AND RECEIVING NECESSARY MEDICAL TREATMENT. IT IS YOUR CONTENTION THAT. YOU ARE ENTITLED TO THE PAID FOR THE PERIOD FROM NOVEMBER 10.
B-128608, AUG. 28, 1956
TO MR. MELVIN D. DOMBACK:
YOUR LETTER OF JULY 17, 1956, REQUESTS REVIEW OF OUR SETTLEMENT DATED JUNE 1, 1956, WHICH DISALLOWED YOUR CLAIM FOR COMPENSATION ALLEGED TO BE DUE FOR THE PERIOD YOU WERE IN A LEAVE-WITHOUT-PAY STATUS AS AN EMPLOYEE OF THE U.S. ARMY HOSPITAL, ABERDEEN PROVING GROUND, MARYLAND.
YOUR CLAIM WAS DISALLOWED PRIMARILY BECAUSE YOU HAD BEEN PAID IN FULL FOR ALL THE SICK AND ANNUAL LEAVE TO YOUR CREDIT ON THE DATE OF YOUR TRANSFER, JUNE 18, 1952, TO THE UNITED STATES AIR FORCE. ALSO, THE FACTS IN YOUR CASE, SO FAR AS CONCERNS THE PERIOD OF LEAVE WITHOUT PAY, DID NOT BRING YOUR CLAIM WITHIN THE PURVIEW OF THE ACT OF AUGUST 24, 1912, AS AMENDED BY THE ACT OF JUNE 10, 1948, 62 STAT. 355, IN THAT YOU WERE NOT SUSPENDED WITHOUT PAY OR DISCHARGED UPON CHARGES OF MISCONDUCT. YOUR PRESENT LETTER FAILS TO CONTAIN ANY NEW INFORMATION PERTINENT TO THE MATTER.
BRIEFLY, IT APPEARS FROM THE ADMINISTRATIVE REPORT THAT AFTER CERTAIN TESTS WERE MADE AND THE RESULTS WERE POSITIVE, YOU WERE GRANTED LEAVE OF ABSENCE WITHOUT PAY FOR A PERIOD OF ONE YEAR FOR THE PURPOSE OF HAVING ADDITIONAL TESTS MADE AND RECEIVING NECESSARY MEDICAL TREATMENT. APPARENTLY, IT IS YOUR CONTENTION THAT, INASMUCH AS THE BUREAU OF EMPLOYEES' COMPENSATION REJECTED YOUR CLAIM IN CONNECTION WITH YOUR ALLEGED DISABILITY, YOU ARE ENTITLED TO THE PAID FOR THE PERIOD FROM NOVEMBER 10, 1951, TO APRIL 16, 1952, BY THE DEPARTMENT OF THE ARMY.
IN THE ABSENCE OF COVERAGE BY THE ACT OF AUGUST 24, 1912, AS AMENDED, THERE IS NO LAW WITHIN OUR KNOWLEDGE WHICH WOULD AUTHORIZE OR JUSTIFY THE PAYMENT TO YOU OF COMPENSATION FOR THE PERIOD. THAT IS TO SAY, AN APPROPRIATION AVAILABLE FOR PERSONAL SERVICES IS NOT AVAILABLE FOR PAYMENT OF COMPENSATION TO AN EMPLOYEE FOR ANY PERIOD DURING WHICH NO PERSONAL SERVICES WERE RENDERED, IF THE EMPLOYEE WAS NOT GRANTED LEAVE WITH PAY, IN THE ABSENCE OF A SPECIFIC STATUTE SO PROVIDING. THIS IS TRUE IRRESPECTIVE OF THE REASON FOR YOUR FAILURE TO RENDER SERVICES.
IT IS NOT DISPUTED THAT NO SERVICES WERE RENDERED BY YOU DURING THE PERIOD INVOLVED AND THAT LEAVE WITH PAY WAS NOT GRANTED FOR THE TIME; THEREFORE, THERE IS NO AUTHORITY UPON THE PRESENT STATE OF THE RECORD FOR THE PAYMENT OF COMPENSATION FOR THE PERIOD CLAIMED.