B-146564, MAR. 1, 1962

B-146564: Mar 1, 1962

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WHICH WAS RECONSIDERED IN OUR DECISION OF JANUARY 4. IN THOSE DECISIONS WE HELD THAT YOU ARE INDEBTED TO THE GOVERNMENT FOR $27.50. YOU SAY THAT IT WAS THE INTENTION OF THE RURAL ELECTRIFICATION ADMINISTRATION TO RESCIND CHARGES OF ANNUAL LEAVE FOR ONE HOUR AT THE END OF THE WORKDAY ON APRIL 14. WE SAID THAT WE WERE INFORMED BY THE ADMINISTRATIVE OFFICE THAT IT WAS NOT THE ADMINISTRATION'S INTENTION TO CANCEL THESE CHARGES AGAINST YOUR ANNUAL LEAVE ACCRUAL. THERE IS INCLUDED IN OUR RECORDS LETTER DATED DECEMBER 28. LINES WAS CHARGED ANNUAL LEAVE FOR ONE HOUR ON APRIL 14. THE QUESTION OF THE PROPRIETY OF THESE TWO CHARGES WAS DISCUSSED AGAIN RECENTLY WITH THE AREA OFFICE IN WHICH MR. WE WERE INFORMED THAT THE CHARGES WERE PROPER AND THAT IT WAS NOT THE INTENTION OF THE MEMORANDUM OF FEBRUARY 2.

B-146564, MAR. 1, 1962

TO MR. WILLIAM LINES:

YOUR LETTER OF JANUARY 18, 1962, APPEARS TO REQUEST A FURTHER REVIEW OF OUR DECISION OF AUGUST 30, 1961, B-146564, WHICH WAS RECONSIDERED IN OUR DECISION OF JANUARY 4, 1962. IN THOSE DECISIONS WE HELD THAT YOU ARE INDEBTED TO THE GOVERNMENT FOR $27.50, THE AMOUNT ALLOWED BY OUR SETTLEMENT OF AUGUST 30, 1961, FOR AN OVERPAYMENT FOR MILEAGE AND PER DIEM IN LIEU OF SUBSISTENCE WHEN YOU RETURNED TO YOUR OFFICIAL DUTY STATION ON APRIL 14, 1960, FROM YOUR TEMPORARY DUTY STATION AT MORTON, KANSAS.

YOU SAY THAT IT WAS THE INTENTION OF THE RURAL ELECTRIFICATION ADMINISTRATION TO RESCIND CHARGES OF ANNUAL LEAVE FOR ONE HOUR AT THE END OF THE WORKDAY ON APRIL 14, 1960, AND FOR THREE HOURS, FROM 9 A.M., TO NOON, ON MONDAY, APRIL 18, 1960.

IN OUR DECISION OF JANUARY 4, 1962, WE SAID THAT WE WERE INFORMED BY THE ADMINISTRATIVE OFFICE THAT IT WAS NOT THE ADMINISTRATION'S INTENTION TO CANCEL THESE CHARGES AGAINST YOUR ANNUAL LEAVE ACCRUAL. THERE IS INCLUDED IN OUR RECORDS LETTER DATED DECEMBER 28, 1961, FROM MR. WELLS E. LUDLOW, CHIEF ADMINISTRATIVE AND LOAN ACCOUNTING BRANCH,COMPTROLLER'S DIVISION OF THE ADMINISTRATION WHICH READS IN PART AS FOLLOWS:

"* * * OUR RECORDS SHOW THAT WILLIAM E. LINES WAS CHARGED ANNUAL LEAVE FOR ONE HOUR ON APRIL 14, 1960, AND FOR THREE HOURS ON APRIL 18, 1960. THE QUESTION OF THE PROPRIETY OF THESE TWO CHARGES WAS DISCUSSED AGAIN RECENTLY WITH THE AREA OFFICE IN WHICH MR. LINES WORKED. WE WERE INFORMED THAT THE CHARGES WERE PROPER AND THAT IT WAS NOT THE INTENTION OF THE MEMORANDUM OF FEBRUARY 2, 1961, TO CANCEL THIS LEAVE.'

IT IS THE ESTABLISHED RULE THAT OUR OFFICE MUST ACCEPT THE FACTS AS ESTABLISHED BY THE OFFICIAL RECORDS, IN THE ABSENCE OF EVIDENCE SUFFICIENT TO OVERCOME THE PRESUMPTION OF THE CORRECTNESS OF SUCH RECORDS. EVIDENCE THAT THE LEAVE WAS NOT PROPERLY CHARGED HAS BEEN PRESENTED BY YOU.

IN VIEW OF THE ABOVE, YOUR QUESTION RELATING TO PAYMENT FOR LEAVE PROPERLY CHARGED AGAINST YOUR ANNUAL LEAVE ACCRUALS IS NOT NOW FOR OUR CONSIDERATION.

THEREFORE, SINCE YOUR LETTER OF JANUARY 18, 1962, ADDS NO MATERIAL FACTS TO THE CASE, WE HAVE NO ALTERNATIVE BUT TO SUSTAIN OUR DECISIONS OF JANUARY 4, 1962, AND AUGUST 30, 1961, REGARDING YOUR INDEBTEDNESS TO THE GOVERNMENT FOR AN OVERPAYMENT OF TRAVEL EXPENSES. THE AMOUNT PROMPTLY SHOULD BE REMITTED BY CHECK PAYABLE TO THE GENERAL ACCOUNTING OFFICE.

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