B-133747, OCT. 9, 1957

B-133747: Oct 9, 1957

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WE HAVE FURTHER CONSIDERED YOUR CLAIM FOR AN ADDITIONAL LEAVE PAYMENT BELIEVED DUE INCIDENT TO YOUR EMPLOYMENT AT KWAJALEIN WITH THE DEPARTMENT OF THE NAVY. YOUR EMPLOYMENT WAS ADMINISTRATIVELY TERMINATED. WHILE YOU ARE OF THE VIEW THAT YOU HAD ACCRUED TO YOUR CREDIT 82 HOURS OF ANNUAL LEAVE AND 32 HOURS' COMPENSATORY TIME. THE TOTAL ACCRUAL OF ANNUAL LEAVE FOR THE PERIOD OF YOUR EMPLOYMENT AT KWAJALEIN WAS 70 HOURS AND THAT YOU HAD EARNED 24 HOURS OF COMPENSATORY TIME. YOU WERE ADMINISTRATIVELY GRANTED 8 HOURS' ANNUAL LEAVE ON SEPTEMBER 21. INCIDENT TO TERMINATION OF YOUR EMPLOYMENT YOU WERE PAID A LUMP SUM FOR 62 HOURS OF ANNUAL LEAVE. THE BASIS OF YOUR ALLEGATION THAT YOU HAD ACCRUED 82 HOURS OF ANNUAL LEAVE AND HAD EARNED 32 HOURS OF COMPENSATORY TIME IS NOT APPARENT FROM YOUR LETTER OF AUGUST 29.

B-133747, OCT. 9, 1957

TO MR. ROBERT BIRD:

IN VIEW OF YOUR LETTER OF AUGUST 29, 1957, WE HAVE FURTHER CONSIDERED YOUR CLAIM FOR AN ADDITIONAL LEAVE PAYMENT BELIEVED DUE INCIDENT TO YOUR EMPLOYMENT AT KWAJALEIN WITH THE DEPARTMENT OF THE NAVY.

ON MARCH 27, 1956, YOU ENTERED DUTY AT THE U.S. NAVAL STATION, KWAJALEIN, AS A SUPERVISORY GENERAL ENGINEER, CS-12, $7,570 PER ANNUM. APPROXIMATELY SIX MONTHS LATER, ON SEPTEMBER 21, 1956, YOUR EMPLOYMENT WAS ADMINISTRATIVELY TERMINATED. WHILE YOU ARE OF THE VIEW THAT YOU HAD ACCRUED TO YOUR CREDIT 82 HOURS OF ANNUAL LEAVE AND 32 HOURS' COMPENSATORY TIME, THE RECORD SHOWS, AS SET FORTH IN ADMINISTRATIVE LETTER OF JANUARY 24, 1957, TO YOU, THE TOTAL ACCRUAL OF ANNUAL LEAVE FOR THE PERIOD OF YOUR EMPLOYMENT AT KWAJALEIN WAS 70 HOURS AND THAT YOU HAD EARNED 24 HOURS OF COMPENSATORY TIME. YOU WERE ADMINISTRATIVELY GRANTED 8 HOURS' ANNUAL LEAVE ON SEPTEMBER 21, 1956, AND 24 HOURS OF COMPENSATORY TIME OFF SEPTEMBER 18-20, 1956. INCIDENT TO TERMINATION OF YOUR EMPLOYMENT YOU WERE PAID A LUMP SUM FOR 62 HOURS OF ANNUAL LEAVE, THE BALANCE OF YOUR LEAVE ACCRUAL.

THE BASIS OF YOUR ALLEGATION THAT YOU HAD ACCRUED 82 HOURS OF ANNUAL LEAVE AND HAD EARNED 32 HOURS OF COMPENSATORY TIME IS NOT APPARENT FROM YOUR LETTER OF AUGUST 29, 1957; NOR IS THE ALLEGATION SUPPORTED BY THE PRESENT RECORD. CONSEQUENTLY, FAVORABLE ACTION CANNOT BE TAKEN UPON YOUR CLAIM AND WE MUST, THEREFORE, SUSTAIN THE SETTLEMENT OF AUGUST 8, 1957, WHICH DISALLOWED YOUR ..END :

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