B-144454, JAN. 17, 1961
Highlights
COOPER: WE HAVE YOUR LETTER DATED DECEMBER 28. YOU POINT OUT THAT THE RECORDS WHICH WE MAY HAVE REVIEWED IN CONNECTION WITH YOUR CLAIM FAIL TO PRESENT THE TRUE FACTS OF THE MATTER. OUR CONSIDERATION OF THE CLAIM WAS BASED UPON THE FACTS OF RECORD AS REPORTED BY THE DEPARTMENT OF THE ARMY. IT IS THE INVARIABLE RULE OF OUR OFFICE TO ACCEPT THE ADMINISTRATIVE STATEMENT OF FACTS AS CONCLUSIVE IN THE ABSENCE OF CONVINCING EVIDENCE TO THE CONTRARY. NOTHING HAS BEEN PRESENTED WHICH WOULD INDICATE THAT THE ADMINISTRATIVE VERSION OF THE CLAIM WAS IN ERROR. IF YOU REMAIN OF THE OPINION THAT THE FACTS WERE AS OTHERWISE PRESENTED.
B-144454, JAN. 17, 1961
TO MR. R. E. COOPER:
WE HAVE YOUR LETTER DATED DECEMBER 28, 1960, WITH FURTHER REFERENCE TO YOUR CLAIM FOR PAYMENT UNDER CONTRACT NO. DA 41-014-AIV-2225. YOU POINT OUT THAT THE RECORDS WHICH WE MAY HAVE REVIEWED IN CONNECTION WITH YOUR CLAIM FAIL TO PRESENT THE TRUE FACTS OF THE MATTER.
OUR CONSIDERATION OF THE CLAIM WAS BASED UPON THE FACTS OF RECORD AS REPORTED BY THE DEPARTMENT OF THE ARMY. IT IS THE INVARIABLE RULE OF OUR OFFICE TO ACCEPT THE ADMINISTRATIVE STATEMENT OF FACTS AS CONCLUSIVE IN THE ABSENCE OF CONVINCING EVIDENCE TO THE CONTRARY. NOTHING HAS BEEN PRESENTED WHICH WOULD INDICATE THAT THE ADMINISTRATIVE VERSION OF THE CLAIM WAS IN ERROR.
IN VIEW THEREOF, WE MUST ADHERE TO OUR PREVIOUS DECISION DISALLOWING YOUR CLAIM. IF YOU REMAIN OF THE OPINION THAT THE FACTS WERE AS OTHERWISE PRESENTED, WE SUGGEST THAT THE MATTER BE PRESENTED BY YOU TO THE DEPARTMENT OF THE ARMY FOR APPROPRIATE CONSIDERATION.