B-109253, DEC. 22, 1965

B-109253: Dec 22, 1965

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PASZALEK: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 21. YOU WERE ON DUTY AT THE 3541ST ARMY AIR FORCE BASIC UNIT. YOU WERE DETAILED TO DUTY WHICH REQUIRED REGULAR AND FREQUENT PARTICIPATION IN AERIAL FLIGHTS. YOU WERE TRANSFERRED TO THE 566TH ARMY AIR FORCE BASIC UNIT. YOU WERE ASSIGNED TO THE 555TH ARMY AIR FORCE BASIC UNIT. WHERE YOU REMAINED UNTIL YOU WERE TRANSFERRED DECEMBER 1. YOU WERE DISCHARGED AT SCOTT FIELD ON DECEMBER 5. THE PAY RECORDS SHOW THAT YOU WERE PAID FLIGHT PAY FOR THE PERIOD AUGUST 6 TO 31. ALTHOUGH THE RECORDS SHOW THAT THERE WAS A NOTATION ON YOUR SERVICE RECORD (201 FILE). THAT YOU WERE DUE FLYING PAY FOR THE MONTHS OF OCTOBER AND NOVEMBER 1945.

B-109253, DEC. 22, 1965

TO MR. EUGENE G. PASZALEK:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 21, 1965, TO THE ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, IN EFFECT REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR FLIGHT PAY IN THE AMOUNT OF $82, FOR FLIGHTS PERFORMED IN SEPTEMBER 1945 AND NOVEMBER 1945, AS A MEMBER OF THE ARMY OF THE UNITED STATES.

THE RECORD SHOWS THAT IN AUGUST 1945, YOU WERE ON DUTY AT THE 3541ST ARMY AIR FORCE BASIC UNIT, LINCOLN ARMY AIR FIELD, LINCOLN, NEBRASKA. PARAGRAPH 24, SPECIAL ORDERS NO. 218, EFFECTIVE AUGUST 6, 1945, ISSUED AT THAT STATION, YOU WERE DETAILED TO DUTY WHICH REQUIRED REGULAR AND FREQUENT PARTICIPATION IN AERIAL FLIGHTS. ON OR ABOUT SEPTEMBER 22, 1945, YOU WERE TRANSFERRED TO THE 566TH ARMY AIR FORCE BASIC UNIT, RENO ARMY AIR FIELD, RENO, NEVADA, AND ON OCTOBER 23, 1945, YOU WERE ASSIGNED TO THE 555TH ARMY AIR FORCE BASIC UNIT, 5TH FERRYING GROUP, LOVE FIELD, DALLAS, TEXAS, WHERE YOU REMAINED UNTIL YOU WERE TRANSFERRED DECEMBER 1, 1945, TO SCOTT FIELD, ILLINOIS, FOR SEPARATION. YOU WERE DISCHARGED AT SCOTT FIELD ON DECEMBER 5, 1945.

THE PAY RECORDS SHOW THAT YOU WERE PAID FLIGHT PAY FOR THE PERIOD AUGUST 6 TO 31, 1945, WITH YOUR AUGUST PAY AND FOR THE PERIOD SEPTEMBER 1 TO 30, 1945, WITH YOUR OCTOBER PAY, THE VOUCHER BEARING A NOTATION THAT IT HAD NOT BEEN PAID ON PRIOR ROLLS. ALTHOUGH THE RECORDS SHOW THAT THERE WAS A NOTATION ON YOUR SERVICE RECORD (201 FILE), RELATING TO YOUR NOVEMBER PAY, THAT YOU WERE DUE FLYING PAY FOR THE MONTHS OF OCTOBER AND NOVEMBER 1945, NOT PAID ON PRIOR ROLLS, THIS NOTATION WAS CROSSED OUT WITH A FURTHER NOTATION THAT NO RECORD OF FLIGHTS FOR THAT PERIOD WAS FOUND ON SEARCH OF YOUR SERVICE RECORD AND 201 FILE.

IN CONNECTION WITH A CLAIM YOU FILED WITH THE OFFICE OF CHIEF OF FINANCE, ST. LOUIS, MISSOURI, FOR FLIGHT PAY FOR THE MONTHS OF OCTOBER AND NOVEMBER 1945, YOU WERE REQUESTED BY LETTER FROM THAT OFFICE DATED AUGUST 27, 1946, TO FORWARD A COPY OF AAF FORM 5, OR OBTAIN A SIGNED STATEMENT FROM AN OFFICER CREW MEMBER AS TO THE AMOUNT OF FLYING TIME YOU PERFORMED DURING THE PERIOD CLAIMED. HOWEVER, NO REPLY TO THAT REQUEST IS IN THE FILE.

ON FEBRUARY 18, 1951, YOU WROTE TO OUR CLAIMS DIVISION, CLAIMING FLIGHT PAY IN THE AMOUNT OF $82 FOR FLYING TIME AT LINCOLN ARMY AIR FIELD, NEBRASKA, AND AT LOVE FIELD, TEXAS. ON JUNE 1, 1951, IN RESPONSE TO OUR REQUEST FOR THE EXACT PERIOD CLAIMED, WE RECEIVED YOUR CLAIM FOR $41 FLIGHT PAY FOR THE PERIOD AUGUST 1945, WHILE AT LINCOLN ARMY AIR FIELD, LINCOLN, NEBRASKA, AND $41 FLIGHT PAY FOR NOVEMBER 1945, AS A MEMBER OF THE 5TH FERRYING GROUP, LOVE FIELD, DALLAS, TEXAS.

BY SETTLEMENT DATED MARCH 25, 1952, YOUR CLAIM WAS DISALLOWED FOR THE REASONS THAT YOU HAD BEEN PAID FLYING PAY FOR THE PERIOD AUGUST 6 TO 31, 1945, AND THAT THE DEPARTMENT OF THE ARMY WAS UNABLE TO FURNISH RECORDS SHOWING THAT YOU MET THE FLIGHT REQUIREMENTS FOR THE PERIOD FROM OCTOBER 1 TO NOVEMBER 30, 1945. BY LETTER DATED APRIL 2, 1952, YOU REQUESTED RECONSIDERATION OF YOUR CLAIM, AND BY DECISION OF THIS OFFICE DATED OCTOBER 8, 1952, B-109253, COPY ENCLOSED, THE SETTLEMENT OF MARCH 25, 1952, WAS SUSTAINED. YOU WERE ADVISED HOWEVER, THAT SHOULD YOU FORWARD TO THIS OFFICE OFFICIAL EVIDENCE THAT YOU MET THE REQUIREMENTS FOR ENTITLEMENT TO FLYING PAY FOR THE PERIOD COVERED BY YOUR CLAIM, THE MATTER WOULD BE GIVEN FURTHER CONSIDERATION. YOU FURNISHED NO EVIDENCE OF THAT NATURE, OR INFORMATION NOT PREVIOUSLY AVAILABLE TO US, WITH YOUR LETTER DATED SEPTEMBER 21, 1965, REQUESTING FURTHER RECONSIDERATION OF YOUR CLAIM.

THIS OFFICE IS NOT AUTHORIZED TO PAY CLAIMS AGAINST THE GOVERNMENT BASED SOLELY ON STATEMENTS FROM THE CLAIMANT WHICH CANNOT BE VERIFIED OR CORROBORATED BY GOVERNMENT RECORDS. WE MUST ACCEPT THE REPORT OF THE ADMINISTRATIVE OFFICERS AS TO THE LACK OF RECORDS TO SUBSTANTIATE YOUR CLAIM IN THE ABSENCE OF EVIDENCE SUFFICIENT TO OVERCOME THE PRESUMPTION OF THE CORRECTNESS THEREOF. INASMUCH AS YOU HAVE NOT FORWARDED TO THIS OFFICE EVIDENCE SUBSTANTIATING THAT YOU MET THE REQUIREMENTS FOR ENTITLEMENT TO FLIGHT PAY DURING THE PERIOD COVERED BY YOUR CLAIM, AS REQUESTED IN OUR DECISION, B-109253, DATED OCTOBER 8, 1952, AND AS SUCH EVIDENCE IS NOT CONTAINED IN THE OFFICIAL RECORDS, WE HAVE NO CHOICE OTHER THAN TO AFFIRM THAT DECISION.