B-138771, DEC. 22, 1969
Highlights
PREVIOUSLY DENIED BECAUSE OFFICIAL RECORDS COVERING THAT PERIOD HAD BEEN DESTROYED AND CLAIMANT WAS UNABLE TO FURNISH ANY EVIDENCE REASONABLY SUPPORTING CLAIM. IS AGAIN DENIED. SINCE CLAIMANT HAS FURNISHED NO EVIDENCE SUPPORTING ALLEGATION THAT RECORDS DISPOSAL WAS ACCOMPLISHED TO AVOID PAYMENT OF OVERTIME COMPENSATION. 1955 WAS DETERMINED THROUGH EXTENSIVE NEGOTIATIONS BETWEEN HIS ATTORNEY AND GOVERNMENT REPRESENTATIVE. WAS DISALLOWED INITIALLY BY THE IMMIGRATION AND NATURALIZATION SERVICE AND SUBSEQUENTLY BY THE CLAIMS DIVISION OF OUR OFFICE FOR THE REASON THAT OFFICIAL RECORDS COVERING THAT PERIOD HAD BEEN DESTROYED IN ACCORDANCE WITH THE RECORDS DISPOSAL SCHEDULES. YOU WERE UNABLE TO FURNISH ANY EVIDENCE WHICH REASONABLY COULD SUPPORT A PAYMENT OF OVERTIME COMPENSATION FOR THE PERIOD IN QUESTION.
B-138771, DEC. 22, 1969
COMPENSATION--OVERTIME--INSPECTIONAL SERVICE EMPLOYEE--ADAMS, KENNETH S. CASE BASIS OF CLAIM--DELAYED CLAIM CLAIM FOR PAYMENT OF OVERTIME COMPENSATION FOR SERVICE AS BORDER PATROL OFFICER OF DEPARTMENT OF JUSTICE, COVERING PERIOD JAN. 20, 1949 TO FEB. 11, 1953, PREVIOUSLY DENIED BECAUSE OFFICIAL RECORDS COVERING THAT PERIOD HAD BEEN DESTROYED AND CLAIMANT WAS UNABLE TO FURNISH ANY EVIDENCE REASONABLY SUPPORTING CLAIM, IS AGAIN DENIED, SINCE CLAIMANT HAS FURNISHED NO EVIDENCE SUPPORTING ALLEGATION THAT RECORDS DISPOSAL WAS ACCOMPLISHED TO AVOID PAYMENT OF OVERTIME COMPENSATION; AND, AS AMOUNT CLAIMANT RECOVERED IN COURT OF CLAIMS (ADAMS ET AL. V UNITED STATES) COVERING PERIOD FEB. 11, 1953-APR. 24, 1955 WAS DETERMINED THROUGH EXTENSIVE NEGOTIATIONS BETWEEN HIS ATTORNEY AND GOVERNMENT REPRESENTATIVE, SUCH JUDGMENT MAY NOT SERVE AS BASIS FOR ALLOWING ANY PORTION OF PRESENT CLAIM.
TO MR. NORMAN B. ORRMINS:
YOUR LETTER OF NOVEMBER 15, 1969, REQUESTS FURTHER CONSIDERATION OF YOUR CLAIM FOR PAYMENT OF OVERTIME COMPENSATION FOR SERVICES PERFORMED AS A BORDER PATROL OFFICER OF THE IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE.
YOUR CLAIM COVERING THE PERIOD JANUARY 20, 1949, TO FEBRUARY 11, 1953, WAS DISALLOWED INITIALLY BY THE IMMIGRATION AND NATURALIZATION SERVICE AND SUBSEQUENTLY BY THE CLAIMS DIVISION OF OUR OFFICE FOR THE REASON THAT OFFICIAL RECORDS COVERING THAT PERIOD HAD BEEN DESTROYED IN ACCORDANCE WITH THE RECORDS DISPOSAL SCHEDULES, AND YOU WERE UNABLE TO FURNISH ANY EVIDENCE WHICH REASONABLY COULD SUPPORT A PAYMENT OF OVERTIME COMPENSATION FOR THE PERIOD IN QUESTION.
CONCERNING THE DISPOSAL OF RECORDS BY OFFICIALS OF THE IMMIGRATION AND NATURALIZATION SERVICE, NO EVIDENCE HAS BEEN FURNISHED OUR OFFICE TO SUPPORT YOUR STATEMENT THAT SUCH ADMINISTRATIVE ACTION WAS TAKEN FOR THE PURPOSE OF AVOIDING THE PAYMENT OF OVERTIME COMPENSATION. RATHER, AS INDICATED ABOVE, THE ADMINISTRATIVE OFFICE HAS REPORTED THAT THE DESTRUCTION OF THE RECORDS IN QUESTION WAS IN ACCORDANCE WITH ESTABLISHED DISPOSAL SCHEDULES.
IN YOUR LETTER OF NOVEMBER 15 YOU REITERATE THE VIEW THAT THE JUDGMENT WHICH YOU RECEIVED IN THE COURT OF CLAIMS (ADAMS ET AL. V UNITED STATES) COVERING THE PERIOD FEBRUARY 11, 1953, TO APRIL 24, 1955, MAY BE UTILIZED AS A BASIS FOR ALLOWING YOUR PRESENT CLAIM. WE POINT OUT THAT THE AMOUNT WHICH YOU RECOVERED IN COURT WAS DETERMINED THROUGH EXTENSIVE NEGOTIATIONS BETWEEN YOUR ATTORNEY AND REPRESENTATIVES OF THE GOVERNMENT. IN SUCH CIRCUMSTANCES IT IS OUR OPINION THAT THE JUDGMENT MAY NOT SERVE AS A BASIS FOR ALLOWING ANY PORTION OF YOUR CLAIM.
IN ACCORDANCE WITH YOUR REQUEST, THE TWO CANCELLED CHECKS WHICH YOU FORWARDED WITH YOUR LETTER OF JULY 31, 1969, ARE RETURNED HEREWITH.