B-124970, MAR. 8, 1957

B-124970, MAR. 8, 1957

TO CAPTAIN MERRILL E. BARNES, USAF:

REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 27, 1956, AGAIN REQUESTING RECONSIDERATION OF YOUR CLAIM FOR PAY FOR SIX PERIODS OF INACTIVE DUTY TRAINING AS CAPTAIN, UNITED STATES AIR FORCE RESERVE, ON JANUARY 4, 5 AND 6, 1951, WITH THE 81ST MAINTENANCE SQUADRON, 81ST FIGHTER -INTERCEPTOR WING, LARSON AIR FORCE BASE, MOSES LAKE, WASHINGTON.

IN OUR DECISION OF MARCH 1, 1956, B-124970, WE SUSTAINED OUR SETTLEMENT DATED MAY 26, 1955, WHICH DISALLOWED YOUR CLAIM. IT WAS POINTED OUT IN THE DECISION THAT ALTHOUGH THE FILE CONTAINS THREE COPIES OF AF FORM 40 INDICATING THAT YOU PARTICIPATED IN INACTIVE DUTY TRAINING ON JANUARY 4, 5 AND 6, 1951, SEVERAL APPARENT DEFECTS IN THE COPIES WERE NOTED, AS WAS THE FACT THAT LIEUTENANT COLONEL CLAUDE H. EDWARDS--- WHO, AS MAJOR CLAUDE H. EDWARDS, HAD SIGNED THE CERTIFICATIONS OF ATTENDANCE ON THE THREE COPIES OF AF FORM 40--- AS COMMANDER OF THE 81ST MAINTENANCE SQUADRON, HAD, SHORTLY AFTER JUNE 6, 1952, REFUSED TO CERTIFY A PAYROLL COVERING THE TRAINING IN QUESTION, STATING THAT THEY HAD NO RECORDS OF YOUR TRAINING WITH THE ORGANIZATION ON THE SPECIFIED DATES. YOU WERE ADVISED THAT WE HAD NOT FOUND ANY VOUCHER ON WHICH YOUR NAME WAS REDLINED AND THAT THE ADMINISTRATIVE REPORT RECEIVED WITH YOUR CLAIM MERELY INDICATED THAT IT INVOLVED DOUBTFUL QUESTIONS OF LAW OR FACT, THERE BEING NO EXPLANATION AS TO WHY YOU WERE NOT PAID ON CURRENT PAYROLLS, WHETHER BY MISTAKE, INADVERTENCE OR OTHERWISE. IN CONCLUSION, YOU WERE ADVISED THAT SINCE WE HAD BEEN UNABLE TO LOCATE ANY RECORDS SUBSTANTIATING YOUR CLAIM AND SINCE THE RECORDS THEN AVAILABLE TO US DID NOT ESTABLISH THE VALIDITY OF YOUR CLAIM, IT WAS ENCUMBENT UPON YOU CLEARLY TO ESTABLISH THE FACTS UPON WHICH YOUR CLAIM WAS BASED IN ORDER TO JUSTIFY ITS ALLOWANCE.

YOU ENCLOSED WITH YOUR LETTER DATED MARCH 8, 1956, A COPY OF A LETTER DATED FEBRUARY 13, 1952, FROM THE OFFICE OF THE FINANCE OFFICER, 567TH AIR BASE GROUP, MCCHORD AIR FORCE BASE, WASHINGTON, TO YOU, STATING, AMONG OTHER THINGS, THAT YOUR NAME WAS REDLINED ON VOUCHER NO. 13230, APRIL 1951 ACCOUNTS OF MAJOR W. M. DUNCAN, UNITED STATES AIR FORCE, BECAUSE "THE NUMBER OF TRAINING ASSEMBLIES CLAIMED DID NOT AGREE WITH DATES LISTED UNDER YOUR NAME.' AFTER THE RECEIPT OF YOUR LETTER OF MARCH 8, 1956, WE WROTE TO THE CHIEF, SETTLEMENTS DIVISION, AIR FORCE FINANCE CENTER, DENVER, COLORADO, REQUESTING THAT YOUR CASE BE FURTHER INVESTIGATED; THAT WE BE FURNISHED ANY AVAILABLE EVIDENCE SHOWING WHETHER OR NOT YOU ACTUALLY PERFORMED INACTIVE DUTY TRAINING ON THE SPECIFIED DATES AND, IF SUCH DUTY WAS PERFORMED, WHETHER THERE IS ANY REASON WHY YOU ARE NOT ENTITLED TO PAYMENT THEREFOR. ALSO, IT WAS REQUESTED THAT MORE DEFINITE INFORMATION BE FURNISHED AS TO WHY PAYMENT HAD BEEN MADE TO YOU ON VOUCHER NO. 13230, APRIL 1951 ACCOUNTS OF MAJOR W. M. DUNCAN. WE RECEIVED FROM THE AIR FORCE FINANCE CENTER A REPORT DATED NOVEMBER 23, 1956, TO THE EFFECT THAT SINCE THE "AF FORM 40-S" WERE NOT ENTERED ON "AF FORM 190 "USAF RESERVE PERSONNEL RECORD CARD" AS REQUIRED BY AIR FORCE REGULATIONS" AND NO ORDERS WERE LOCATED AUTHORIZING DUTY ON THE DATES INVOLVED, NO DETERMINATION COULD BE MADE AS TO WHETHER ENTITLEMENT EXISTS. IN THAT REPORT IT ALSO WAS STATED THAT NO INFORMATION IS AVAILABLE TO CLARIFY THE REASON FOR YOUR BEING REDLINED ON VOUCHER NO. 13230 OR TO SUBSTANTIATE THE ALLEGATION THAT YOU PERFORMED INACTIVE DUTY TRAINING ON JANUARY 4, 5 AND 6, 1951. ACCORDINGLY, IN OUR DECISION OF DECEMBER 19, 1956, B-124970, WE AFFIRMED THE ACTION TAKEN IN OUR DECISION OF MARCH 1, 1956, BUT ADVISED YOU THAT THE MATTER WOULD BE GIVEN FURTHER CONSIDERATION IF YOU FURNISH OFFICIAL EVIDENCE THAT YOU ACTUALLY PERFORMED THE DUTY AS CLAIMED.

IN YOUR LETTER OF DECEMBER 27, 1956, YOU PROTEST THE REQUIREMENT OF ADDITIONAL EVIDENCE TO SUPPORT YOUR CLAIM, AND SAY THAT IF WE CANNOT AUTHORIZE PAYMENT TO YOU ON THE BASIS OF THE EVIDENCE FURNISHED, YOU WOULD APPRECIATE COPIES OF ALL CORRESPONDENCE THAT WE HAVE RECEIVED IN CONNECTION WITH YOUR CASE SO THAT YOU MAY TRY TO ESTABLISH THE CASE THROUGH AIR FORCE CHANNELS.

THE ACCOUNTING OFFICERS OF THE GOVERNMENT ARE NOT REQUIRED TO CERTIFY OR APPROVE FOR PAYMENT ANY CLAIM IN WHICH THEY HAVE DOUBT AS TO THE VALIDITY OF THE CLAIM OR THE LEGALITY OF THE PAYMENT, AND, IN THAT CONNECTION, IT IS NOT NECESSARY TO DETERMINE AFFIRMATIVELY THAT A CLAIM IS INVALID IN ORDER TO DISALLOW IT. ON THE CONTRARY, IT HAS LONG BEEN THE ESTABLISHED RULE THAT THE GOVERNMENT ACCOUNTING AND ADMINISTRATIVE OFFICERS SHOULD REJECT OR DISALLOW ALL CLAIMS WHERE THERE IS DOUBT AS TO THE VALIDITY OF SUCH CLAIMS. LONGWILL V. UNITED STATES, 17 C.CLS. 288, 291; AND CHARLES V. UNITED STATES, 19 ID. 316, 319.

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

PHOTOSTATIC COPIES OF YOUR CLAIM AND THE SUPPORTING PAPERS WERE FURNISHED TO THE CHIEF, ADJUDICATIONS BRANCH, SETTLEMENTS DIVISION, AIR FORCE FINANCE CENTER, DENVER, COLORADO, WITH OUR LETTER OF JUNE 20, 1956, AND A PHOTOSTATIC COPY OF VOUCHER NO. 13230, APRIL 1951 ACCOUNTS OF MAJOR W. M. DUNCAN, WAS FURNISHED TO THE COMMANDING OFFICER, AIR FORCE FINANCE CENTER, WITH OUR LETTER OF SEPTEMBER 27, 1956.