B-127071, MAY 18, 1956
Highlights
CARTER: REFERENCE IS MADE TO YOUR LETTER DATED APRIL 10. THE RECORDS OF THE GOVERNMENT ON FILE HERE SHOW THAT YOU WERE PAID $119 IN CASH ON PAYROLL VOUCHER NO. 1302. YOUR CLAIM WAS DISALLOWED AND THAT SETTLEMENT WAS SUSTAINED BY DECISION DATED MARCH 26. THAT ACTION WAS BASED UPON THE WELL ESTABLISHED RULE THAT WHERE PAY RECORDS CONTAIN THE SIGNATURE OF A PAYEE ACKNOWLEDGING THAT HE HAD BEEN PAID. SINCE THE SIGNATURE EVIDENCING RECEIPT OF THE PAYMENT IN QUESTION APPEARS TO BE YOUR SIGNATURE AND SINCE YOU HAVE PRESENTED NO EVIDENCE TO SHOW THAT YOU DID NOT RECEIVE THE PAYMENT. THERE IS NO BASIS FOR ALLOWANCE OF YOUR CLAIM.
B-127071, MAY 18, 1956
TO MR. EVERETT C. CARTER:
REFERENCE IS MADE TO YOUR LETTER DATED APRIL 10, 1956, FURTHER CONCERNING YOUR CLAIM THAT YOU DID NOT RECEIVE PAY AND ALLOWANCES DUE YOU ON AUGUST 31, 1953.
THE RECORDS OF THE GOVERNMENT ON FILE HERE SHOW THAT YOU WERE PAID $119 IN CASH ON PAYROLL VOUCHER NO. 1302, IN THE SEPTEMBER 1953, ACCOUNTS OF LIEUTENANT COLONEL C. L. DUFF, FC, SYMBOL NO. 215-265, COVERING THE PERIOD ENDED AUGUST 31, 1953, AND THAT THE WITNESSED SIGNATURE "EVERETT C. CARTER" ACKNOWLEDGES RECEIPT OF THE PAYMENT MADE. BY SETTLEMENT DATED NOVEMBER 21, 1955, YOUR CLAIM WAS DISALLOWED AND THAT SETTLEMENT WAS SUSTAINED BY DECISION DATED MARCH 26, 1956, B-127071.
THAT ACTION WAS BASED UPON THE WELL ESTABLISHED RULE THAT WHERE PAY RECORDS CONTAIN THE SIGNATURE OF A PAYEE ACKNOWLEDGING THAT HE HAD BEEN PAID, THOSE RECORDS MUST BE ACCEPTED AS CORRECT UNLESS CONCLUSIVE EVIDENCE TO THE CONTRARY BE PRESENTED. SINCE THE SIGNATURE EVIDENCING RECEIPT OF THE PAYMENT IN QUESTION APPEARS TO BE YOUR SIGNATURE AND SINCE YOU HAVE PRESENTED NO EVIDENCE TO SHOW THAT YOU DID NOT RECEIVE THE PAYMENT, THERE IS NO BASIS FOR ALLOWANCE OF YOUR CLAIM.