B-131542, DEC. 12, 1962
Highlights
THE FACTS AND CIRCUMSTANCES WHICH GAVE RISE TO THE CLAIM AND OUR REASON FOR DISALLOWING IT WERE FULLY RELATED TO YOU IN OUR DECISION OF MAY 21. YOU STILL INSIST THAT YOU WERE NOT SICK DURING THE PERIOD YOU WERE ON LEAVE. THE RECORD SHOWS THAT AFTER YOU HAD BEEN GIVEN A CHEST X RAY AND AFTER AN EVALUATION OF THE X-RAY BY THE MEDICAL OFFICER OF THE CENTER YOU WERE ADVISED TO CONSULT WITH YOUR OWN PHYSICIAN. AFTER RECEIPT OF A LETTER FROM THE VETERANS ADMINISTRATION TO THE DEPARTMENT OF THE NAVY THAT ITS DIAGNOSIS WAS THAT THE TUBERCULOSIS WAS INACTIVE YOU WERE IMMEDIATELY RESTORED TO ACTIVE DUTY. YOU WERE ADVISED THAT AS TUBERCULOSIS IS A CONTAGIOUS DISEASE THE ADMINISTRATIVE REQUIREMENT THAT YOU ABSENT YOURSELF FROM DUTY UNTIL THE CONDITION WAS DISPROVED OR CURED WAS A PROPER ADMINISTRATIVE PRECAUTION.
B-131542, DEC. 12, 1962
TO MR. NICOLA TELLA:
THIS REFERS TO YOUR LETTER POSTMARKED NOVEMBER 12, 1962, WITH ENCLOSURE, REQUESTING THAT WE REVIEW THAT PART OF OUR SETTLEMENT OF MARCH 27, 1957, WHICH DISALLOWED YOUR CLAIM FOR RECREDIT OF SICK LEAVE RESULTING FROM YOUR ABSENCE FROM DUTY AS AN EMPLOYEE AT THE UNITED STATES NAVY CONSTRUCTION BATTALION CENTER, DEPARTMENT OF THE NAVY, DAVISVILLE, RHODE ISLAND.
THE FACTS AND CIRCUMSTANCES WHICH GAVE RISE TO THE CLAIM AND OUR REASON FOR DISALLOWING IT WERE FULLY RELATED TO YOU IN OUR DECISION OF MAY 21, 1957, B-131542 (COPY HEREWITH) AND NEED NOT BE REPEATED HERE.
YOU STILL INSIST THAT YOU WERE NOT SICK DURING THE PERIOD YOU WERE ON LEAVE. THE RECORD SHOWS THAT AFTER YOU HAD BEEN GIVEN A CHEST X RAY AND AFTER AN EVALUATION OF THE X-RAY BY THE MEDICAL OFFICER OF THE CENTER YOU WERE ADVISED TO CONSULT WITH YOUR OWN PHYSICIAN, AND TO RETURN TO WORK ONLY AFTER ALL EVIDENCE OF ACTIVE TUBERCULOSIS HAD DISAPPEARED. AFTER RECEIPT OF A LETTER FROM THE VETERANS ADMINISTRATION TO THE DEPARTMENT OF THE NAVY THAT ITS DIAGNOSIS WAS THAT THE TUBERCULOSIS WAS INACTIVE YOU WERE IMMEDIATELY RESTORED TO ACTIVE DUTY.
YOU WERE ADVISED THAT AS TUBERCULOSIS IS A CONTAGIOUS DISEASE THE ADMINISTRATIVE REQUIREMENT THAT YOU ABSENT YOURSELF FROM DUTY UNTIL THE CONDITION WAS DISPROVED OR CURED WAS A PROPER ADMINISTRATIVE PRECAUTION. THE DEPARTMENT'S ACTION WAS NEITHER ARBITRARY NOR CAPRICIOUS SINCE IT ACTED UPON COMPETENT MEDICAL ADVICE IN REMOVING YOU FROM ACTIVE DUTY.
THEREFORE, WE FIND NO BASIS FOR RECREDITING THE LEAVE CHARGED DURING THE PERIOD OF YOUR ILLNESS AND THE PRIOR ACTION TAKEN BY OUR OFFICE IN DISALLOWING YOUR CLAIM MUST BE AND IS SUSTAINED.