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STRAILMAN WAS SEPARATED AND RESTORED TO DUTY UNDER SECTION 22.503 OF THE CIVIL-SERVICE REGULATIONS AND HAS BEEN PAID THE COMPENSATION OTHERWISE DUE FOR THE PERIOD OF SEPARATION LESS $750 REPORTED AS THE AMOUNT EARNED BY HIM FROM OUTSIDE EMPLOYMENT DURING THE PERIOD OF SEPARATION. DO SOLEMNLY SWEAR THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF THE FOLLOWING SUMS OF MONEY ARE THE TRUE AMOUNTS OF ALL MONIES EARNED BY ME BETWEEN THE DATES OF AUGUST 25. SELF EMPLOYED $750.00 $262.50 LEGAL COSTS NET EARNINGS NET LOSS $600.00 NONE $112.50 "THE EARNINGS LISTED ABOVE ARE NOT IN LIEU OF REGULAR SALARY BUT WOULD ORDINARILY HAVE BEEN EARNED IN ADDITION TO MY REGULAR SALARY HAD I NOT BEEN IMPROPERLY SEPARATED FROM MY POSITION.

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B-127817, MAY 17, 1956

TO HONORABLE JEROME C. HUNSAKER, CHAIRMAN, NATIONAL ADVISORY COMMITTEE FOR AERONAUTICS:

IN LETTER OF MAY 3, 1956, YOUR EXECUTIVE SECRETARY REQUESTED OUR DECISION WHETHER MR. GILBERT T. STRAILMAN MAY BE PAID $750 ON THE PRESENT RECORD. THE LETTER STATES THAT MR. STRAILMAN WAS SEPARATED AND RESTORED TO DUTY UNDER SECTION 22.503 OF THE CIVIL-SERVICE REGULATIONS AND HAS BEEN PAID THE COMPENSATION OTHERWISE DUE FOR THE PERIOD OF SEPARATION LESS $750 REPORTED AS THE AMOUNT EARNED BY HIM FROM OUTSIDE EMPLOYMENT DURING THE PERIOD OF SEPARATION.

MR. STRAILMAN HAS SUBMITTED IN SUPPORT OF HIS CLAIM AN AFFIDAVIT READING AS FOLLOWS:

"I, GILBERT T. STRAILMAN, DO SOLEMNLY SWEAR THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF THE FOLLOWING SUMS OF MONEY ARE THE TRUE AMOUNTS OF ALL MONIES EARNED BY ME BETWEEN THE DATES OF AUGUST 25, 1955 AND MARCH 2, 1956;

CHART

EMPLOYER GROSS EARNINGS OVERHEAD COSTS, TRAVEL

-------- -------------- ---------------------- SELF EMPLOYED $750.00 $262.50

LEGAL COSTS NET EARNINGS NET LOSS

$600.00 NONE $112.50

"THE EARNINGS LISTED ABOVE ARE NOT IN LIEU OF REGULAR SALARY BUT WOULD ORDINARILY HAVE BEEN EARNED IN ADDITION TO MY REGULAR SALARY HAD I NOT BEEN IMPROPERLY SEPARATED FROM MY POSITION. HAD MY OPERATIONS DURING MY SEPARATION SHOWN A PROFIT THIS WOULD NOT BE DEDUCTIBLE FROM MONEY DUE ME FOR SALARY FOR THE REASONS SHOWN ABOVE.'

MR. STRAILMAN'S AFFIDAVIT IS NOT SUFFICIENTLY SPECIFIC TO ENABLE US TO DETERMINE WHETHER HIS EARNING COMES WITHIN THE PURVIEW OF THE THREE DECISIONS REFERRED TO IN THE SECRETARY'S LETTER, NAMELY, 32 COMP. GEN. 408, 34 ID. 382, AND 35 ID. 268. IT WILL BE NECESSARY FOR HIM (1) TO STATE THE NATURE OF HIS EMPLOYMENT, (2) TO STATE WHETHER IT BEGAN BEFORE OR AFTER HIS SEPARATION, (3) TO ITEMIZE HIS OVERHEAD AND TRAVEL EXPENSES, AND (4) TO STATE THE NATURE OF, AND TO EXPLAIN THE NECESSITY FOR, THE LEGAL EXPENSES INCURRED. IF AFTER RECEIPT OF SUCH STATEMENT OF FACTS YOU STILL ARE IN DOUBT WHETHER MR. STRAILMAN'S CASE COMES WITHIN THE PURVIEW OF THE CITED DECISIONS THE MATTER MAY BE RESUBMITTED FOR OUR SPECIFIC DECISION IN THIS MATTER.

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