B-166960, MAY 28, 1969

B-166960, MAY 28, 1969

TO MRS. GLENNACE P. TIPP:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED APRIL 25, 1969, CONCERNING A COPY OF CERTIFICATE OF SETTLEMENT DATED SEPTEMBER 9, 1940, ISSUED BY OUR CLAIMS DIVISION IN CONNECTION WITH CLAIM NO. 0911875 OF YOUR HUSBAND, WAGONER LEE TIPPS, FOR ADDITIONAL PAY AS NAVY MAIL CLERK IN 1938 AND 1939, WHICH YOU RECENTLY FOUND WITH SOME OF HIS PAPERS.

THIS OFFICE DOES NOT ISSUE CHECKS IN PAYMENT OF CLAIMS ALLOWED HERE AND SUCH SETTLEMENTS ARE SCHEDULED FOR PAYMENT BY VARIOUS GOVERNMENT DISBURSING OFFICERS. UNDER THE PROCEDURE IN EFFECT AT THE TIME OF THE SETTLEMENT OF YOUR HUSBAND'S CLAIM, A COPY OF FORM NO. 170 WAS MAILED TO THE CLAIMANT AT THE TIME HIS SETTLEMENT WAS SCHEDULED FOR PAYMENT FOR THE PURPOSE OF NOTIFYING HIM OF THE FINAL ACTION TAKEN BY THIS OFFICE. YOUR HUSBAND'S CASE HE WAS ADVISED THAT HIS CLAIM HAD BEEN ALLOWED IN THE AMOUNT OF $88.49, THAT A CHECK FOR $62.83 SHOULD REACH HIM IN DUE COURSE AND THAT THE BALANCE OF $25.66 WOULD BE FORWARDED TO HIM WHEN AN APPROPRIATION THEREFOR HAD BEEN MADE BY CONGRESS. IN THE ABSENCE OF FURTHER INQUIRY FROM YOUR HUSBAND, NO FURTHER NOTIFICATION TO HIM WAS NECESSARY, IT BEING ASSUMED THAT HE RECEIVED THE AMOUNT OF THE SETTLEMENT.

YOU SEEM TO HAVE ASSUMED THAT SINCE THE COPY OF THE CLAIM SETTLEMENT WAS RETAINED BY YOUR HUSBAND, HE NEVER RECEIVED THE CHECKS IN PAYMENT OF HIS CLAIM. APPARENTLY, YOU ARE NOW ASSERTING CLAIM FOR PAYMENT OF THE AMOUNT ALLOWED. IN THIS CONNECTION, YOUR ATTENTION IS DIRECTED TO THE FACT THAT UNDER DATE OF MAY 8, 1962, A CLAIM WAS FILED ON BEHALF OF YOUR HUSBAND FOR INCREASED RETIRED PAY FROM MAY 1, 1952. IT SEEMS PROBABLE THAT IF HE HAD NOT RECEIVED THE CHECKS MENTIONED IN THE SETTLEMENT OF SEPTEMBER 9, 1940, HE WOULD HAVE ADVISED US OF THAT FACT AT THAT TIME. HE DID NOT DO SO.

THE ORIGINAL FILE PERTAINING TO YOUR HUSBAND'S CLAIM HAS BEEN DESTROYED UNDER THE PROVISIONS OF SECTION 3 OF THE ACT OF JULY 7, 1943, CH. 102, 57 STAT. 381, AS AMENDED, 44 U.S.C. 368. SUCH FILES OF SETTLED CLAIMS IN WHICH THERE HAS BEEN NO ACTIVITY DURING THE 12 YEARS PRIOR TO DISPOSAL ARE AUTHORIZED FOR DISPOSAL 12 YEARS AFTER THE DATE OF SETTLEMENT. ALSO, REGISTERED COPIES OF CERTIFICATES OF CLAIMS SETTLEMENTS ISSUED AT THE TIME HERE INVOLVED WERE SCHEDULED FOR DISPOSAL 6 YEARS AFTER THE DATE OF SETTLEMENT. THEREFORE, OUR FILES CONTAIN NO INFORMATION RELATIVE TO THE CLAIM OF YOUR HUSBAND FOR ADDITIONAL PAY AS NAVY MAIL CLERK.

IN REGARD TO CLAIMS AGAINST THE GOVERNMENT, THE BURDEN IS UPON THE CLAIMANT TO SHOW THAT HE IS ENTITLED TO THE AMOUNT CLAIMED. A CLAIM MADE LONG AFTER PAYMENT PRESUMABLY WAS RECEIVED BY THE PARTY ENTITLED AND BASED ON MERE DENIAL OF RECEIPT OF AMOUNTS WHICH CLEARLY APPEAR TO HAVE BEEN PAID CURRENTLY IS OF TOO DOUBTFUL LEGALITY TO SUPPORT A PAYMENT FROM PUBLIC FUNDS. SINCE YOU OR YOUR HUSBAND DELAYED MORE THAN 28 YEARS IN MAKING INQUIRY CONCERNING THE CLAIMS SETTLEMENT, THE RECORDS WHICH MIGHT HAVE SUPPORTED ALLOWANCE OF YOUR CLAIM OR CLEARLY REFUTED IT ARE NO LONGER IN EXISTENCE. THE ACCOUNTING OFFICERS OF THE GOVERNMENT HAVE CONSISTENTLY REFUSED TO ALLOW CLAIMS WHERE THE CLAIMANT HAS SLEPT ON HIS RIGHTS FOR A LONG PERIOD OF YEARS AND THE PRESUMPTION ARISES THAT THE CLAIM HAS BEEN PAID. IN THE CIRCUMSTANCES, IF YOU ARE NOW MAKING CLAIM FOR THE AMOUNT ALLOWED BY SETTLEMENT DATED SEPTEMBER 9, 1940, WE FIND NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM.