B-148568, JUL. 23, 1962
Highlights
HUNTER: WE HAVE RECEIVED FOR CONSIDERATION YOUR LETTERS OF NOVEMBER 16. WHICH PROVIDES: "WHEN THERE IS FILED IN THE GENERAL ACCOUNTING OFFICE A CLAIM OR DEMAND AGAINST THE UNITED STATES THAT MAY NOT LAWFULLY BE ADJUSTED BY THE USE OF AN APPROPRIATION THERETOFORE MADE. THE TWO RECEIPTS FURNISHED BY YOU DO NOT SATISFACTORILY ESTABLISH THAT SUCH AMOUNTS WERE ACTUALLY SO PAID. " IT IS NOT SIGNED BY THE PERSON TO WHOM THE PAYMENT IS STATED TO HAVE BEEN MADE. IS SIGNED BY "DR. IT IS STATED THEREON THAT YOU PAID HIM ONLY $10. IT IS NOTED THAT THIS RECEIPT COVERS A PAYMENT FOR "PROFESSIONAL SERVICES" RENDERED ON OR BEFORE JUNE 28. WE WILL CONSIDER THE MATTER OF REPORTING YOUR CLAIM TO THE CONGRESS UNDER THE ACT OF APRIL 10.
B-148568, JUL. 23, 1962
TO AIRMAN FIRST CLASS RONNIE B. HUNTER:
WE HAVE RECEIVED FOR CONSIDERATION YOUR LETTERS OF NOVEMBER 16, 1961, AND MAY 13, 1962, AND ATTACHMENTS, FORWARDED THROUGH ADMINISTRATIVE CHANNELS, IN WHICH YOU CLAIM REIMBURSEMENT OF FEES PAID BY YOU TO DR. ARVILLE D. DAVIS, PSYCHOLOGIST, AND DR. LLOYD STANLEY DURKIN, NEUROLOGIST, WHO, AS EXPERT WITNESSES EMPLOYED BY YOU, APPEARED AND TESTIFIED IN YOUR BEHALF AT A SPECIAL COURT-MARTIAL TRIAL HELD AT MCCHORD AIR FORCE BASE ON AUGUST 18 AND 21, 1961.
YOU INDICATE THAT YOU WISH US TO CONSIDER YOUR CLAIM AS A MERITORIOUS CLAIM UNDER THE ACT OF APRIL 10, 1928, 45 STAT. 413, 31 U.S.C. 236, WHICH PROVIDES:
"WHEN THERE IS FILED IN THE GENERAL ACCOUNTING OFFICE A CLAIM OR DEMAND AGAINST THE UNITED STATES THAT MAY NOT LAWFULLY BE ADJUSTED BY THE USE OF AN APPROPRIATION THERETOFORE MADE, BUT WHICH CLAIM OR DEMAND IN THE JUDGMENT OF THE COMPTROLLER GENERAL OF THE UNITED STATES CONTAINS SUCH ELEMENTS OF LEGAL LIABILITY OR EQUITY AS TO BE DESERVING OF THE CONSIDERATION OF THE CONGRESS, HE SHALL SUBMIT THE SAME TO THE CONGRESS BY A SPECIAL REPORT CONTAINING THE MATERIAL FACTS AND HIS RECOMMENDATION THEREON.'
IN THE EXAMINATION OF YOUR CLAIM, WE FIND THAT ALTHOUGH YOU STATE THAT YOU PAID $50 TO DR. DAVIS AND $150 TO DR. DURKIN FOR APPEARING AS EXPERT WITNESSES IN YOUR BEHALF AT THE COURT-MARTIAL TRIAL HELD ON AUGUST 18 AND 21, 1961, THE TWO RECEIPTS FURNISHED BY YOU DO NOT SATISFACTORILY ESTABLISH THAT SUCH AMOUNTS WERE ACTUALLY SO PAID. ONE OF THE RECEIPTS, DATED NOVEMBER 7, 1961, PURPORTS TO SHOW THAT YOU PAID DR. DURKIN THE AMOUNT OF $150 FOR "EXPERT COURT TESTIMONY," BUT WHILE THE RECEIPT BEARS THE TYPEWRITTEN NOTATION "PAID 8-19-61," IT IS NOT SIGNED BY THE PERSON TO WHOM THE PAYMENT IS STATED TO HAVE BEEN MADE. ALTHOUGH THE OTHER RECEIPT, DATED JUNE 28, 1961, IS SIGNED BY "DR. A. D. DAVIS," AND INDICATES RECEIPT OF $50, IT IS STATED THEREON THAT YOU PAID HIM ONLY $10, LEAVING A BALANCE OF $40 UNPAID. ALSO, IT IS NOTED THAT THIS RECEIPT COVERS A PAYMENT FOR "PROFESSIONAL SERVICES" RENDERED ON OR BEFORE JUNE 28, 1961, AND HENCE DOES NOT EVIDENCE THE PAYMENT OF ANY AMOUNT FOR SERVICES AS AN EXPERT WITNESS AT YOUR COURT-MARTIAL TRIAL IN AUGUST 1961.
WE WILL CONSIDER THE MATTER OF REPORTING YOUR CLAIM TO THE CONGRESS UNDER THE ACT OF APRIL 10, 1928, UPON THE RECEIPT FROM YOU OF RECEIPTS EVIDENCING THE PAYMENT BY YOU OF THE AMOUNT YOU CLAIM; THAT IS, $50 TO DR. DAVIS AND THE AMOUNT OF $150 TO DR. DURKIN FOR SERVICES AS EXPERT WITNESSES AT YOUR COURT-MARTIAL TRIAL HELD AT MCCHORD AIR FORCE BASE ON AUGUST 18 AND 21, 1961. SUCH RECEIPTS SHOULD BE ACCOMPANIED BY YOUR SIGNED STATEMENT THAT YOU WILL ACCEPT THE SUM OF $200 IN FULL AND FINAL SETTLEMENT OF YOUR CLAIM IN THE EVENT IT SHOULD BE SO REPORTED AND THE CONGRESS SHOULD AUTHORIZE SETTLEMENT ON THAT BASIS.