B-140219, JUL. 30, 1959

B-140219: Jul 30, 1959

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AS STATED IN OUR SETTLEMENT YOUR CLAIM WAS RECEIVED IN OUR OFFICE ON SEPTEMBER 26. ANY CLAIM AGAINST THE UNITED STATES WHICH IS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN TEN YEARS OF ITS ACCRUAL IS BARRED. WE ARE PRECLUDED FROM CONSIDERING THAT PORTION OF YOUR CLAIM WHICH ACCRUED PRIOR TO SEPTEMBER 26. WE HAVE CAREFULLY REVIEWED THE REPORTS AND RECORDS OF YOUR EMPLOYMENT. THE FILE REFLECTS THAT YOU DID NOT SERVE DURING A WAR PERIOD AND THEREFORE ARE NOT ENTITLED TO A "WAR BONUS.'. THE RECORDS SHOW THAT UPON SEPARATION YOU WERE PAID A LUMP SUM FOR ALL ANNUAL LEAVE TO YOUR CREDIT. THE RECORD SHOWS THAT NO PAYMENT IS DUE YOU FOR ANY OVERTIME. YOU WERE FURNISHED SUBSISTENCE AND QUARTERS WITHOUT COST TO YOU UNDER THE EMPLOYMENT CONTRACT USED BY THE DEPARTMENT OF THE ARMY AT THE TIME OF YOUR EMPLOYMENT.

B-140219, JUL. 30, 1959

MR. ALBERTO C. TEODORO:

YOUR LETTER OF MAY 12, 1959, REQUESTS REVIEW OF OUR SETTLEMENT OF FEBRUARY 2, 1959, WHICH DISALLOWED YOUR CLAIM FOR AMOUNTS BELIEVED DUE YOU AS A RESULT OF YOUR EMPLOYMENT WITH THE DEPARTMENT OF THE ARMY FROM DECEMBER 1, 1945 TO JUNE 3, 1949.

AS STATED IN OUR SETTLEMENT YOUR CLAIM WAS RECEIVED IN OUR OFFICE ON SEPTEMBER 26, 1958. UNDER THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A, ANY CLAIM AGAINST THE UNITED STATES WHICH IS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN TEN YEARS OF ITS ACCRUAL IS BARRED. THEREFORE, WE ARE PRECLUDED FROM CONSIDERING THAT PORTION OF YOUR CLAIM WHICH ACCRUED PRIOR TO SEPTEMBER 26, 1948.

WE HAVE CAREFULLY REVIEWED THE REPORTS AND RECORDS OF YOUR EMPLOYMENT, FURNISHED BY THE DEPARTMENT OF THE ARMY, FOR THAT PORTION OF YOUR CLAIM ARISING AFTER SEPTEMBER 26, 1948. THOSE RECORDS SHOW THAT YOU RECEIVED YOUR BASIC PAY PLUS 50 PERCENT "BONUS" ALLOWANCE PROVIDED IN YOUR CONTRACT DURING THE PERIOD OF YOUR EMPLOYMENT. THE FILE REFLECTS THAT YOU DID NOT SERVE DURING A WAR PERIOD AND THEREFORE ARE NOT ENTITLED TO A "WAR BONUS.'

THE RECORDS SHOW THAT UPON SEPARATION YOU WERE PAID A LUMP SUM FOR ALL ANNUAL LEAVE TO YOUR CREDIT. SICK LEAVE, UNDER THE ANNUAL AND SICK LEAVE ACTS OF 1936, 49 STAT. 1162, 5 U.S.C. 30 F-K AND LEAVE REGULATIONS 30.101 OF THE CIVIL SERVICE COMMISSION, MAY BE USED AS LEAVE ONLY AND ANY BALANCE OF SICK LEAVE TO THE CREDIT OF AN EMPLOYEE AT THE TIME OF HIS SEPARATION MAY NOT BE PAID FOR. THE RECORD SHOWS THAT NO PAYMENT IS DUE YOU FOR ANY OVERTIME.

YOU WERE FURNISHED SUBSISTENCE AND QUARTERS WITHOUT COST TO YOU UNDER THE EMPLOYMENT CONTRACT USED BY THE DEPARTMENT OF THE ARMY AT THE TIME OF YOUR EMPLOYMENT. UNDER THE SAME CONTRACT PAYMENTS FOR PER DIEM AND TRAVEL EXPENSES ARE SUBJECT TO THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. THERE IS NO INDICATION IN THE RECORDS OF YOUR EMPLOYMENT THAT YOU EVER BECAME ENTITLED TO PAYMENTS UNDER THESE REGULATIONS SINCE THE DEPARTMENT OF THE ARMY REPORTS THAT YOU WERE DISCHARGED AT YOUR HOME PORT OF HIRE.

UPON COMPLETE REVIEW OF THE RECORDS, WE FIND THAT NO MONEY IS DUE YOU; HENCE, THE SETTLEMENT DISALLOWING YOUR CLAIM IS SUSTAINED.

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