B-124772, OCT. 20, 1955

B-124772: Oct 20, 1955

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MORENZ: REFERENCE IS MADE TO YOUR LETTER OF MAY 31. WERE TURNED IN TO THE PROPERTY DISPOSAL OFFICER. BECAUSE YOU WERE DROPPED FROM THE ROLL OF COMPANY G. YOU SAY THAT UNDER THE APPLICABLE REGULATIONS THERE SHOULD HAVE BEEN ISSUED TO YOU GRATUITOUSLY. THAT YOUR CLAIM IS BASED ON THE FACT THAT YOU PAID FOR ITEMS LIKE THOSE TURNED IN AND ON THE FACT THAT WHEN YOU WERE DISCHARGED YOU HAD THE REQUIRED AMOUNT OF CLOTHING. YOUR CLAIM WAS DISALLOWED BY OUR SETTLEMENT OF MAY 25. IT IS THE LONG ESTABLISHED RULE THAT PERSONS WHO PRESENT CLAIMS AGAINST THE UNITED STATES MUST ESTABLISH CLEARLY THE FACTS UPON WHICH THEIR CLAIMS ARE BASED AND THE BURDEN IMPOSED BY THE RULE MUST BE MET SQUARELY IN EACH CASE IN ORDER TO JUSTIFY THE ALLOWANCE OF SUCH CLAIMS FROM APPROPRIATED FUNDS. 23 COMP.

B-124772, OCT. 20, 1955

TO MR. ROBERT J. MORENZ:

REFERENCE IS MADE TO YOUR LETTER OF MAY 31, 1955, FURTHER CONCERNING YOUR CLAIM FOR AN AMOUNT BELIEVED TO BE DUE YOU INCIDENT TO YOUR SERVICE AS AN ENLISTED MAN IN THE UNITED STATES ARMY DURING THE PERIOD FROM DECEMBER 11, 1948, TO FEBRUARY 28, 1953.

YOU REFER TO WD AGO FORM NO. 447, DATED AUGUST 21, 1952, WHICH SHOWS THAT 12 ITEMS OF YOUR CLOTHING, ALL SERVICEABLE, WERE TURNED IN TO THE PROPERTY DISPOSAL OFFICER, CAMP DRUM, NEW YORK, BECAUSE YOU WERE DROPPED FROM THE ROLL OF COMPANY G, 278TH INFANTRY REGIMENT, AS ADESERTER, ON THAT DATE. YOU SAY THAT UNDER THE APPLICABLE REGULATIONS THERE SHOULD HAVE BEEN ISSUED TO YOU GRATUITOUSLY, WHEN YOU RETURNED TO MILITARY CONTROL, THE SAME QUANTITIES AND LIKE ITEMS AS THOSE TURNED IN, BUT THAT YOU PAID FOR ALL CLOTHING ISSUED TO YOU AFTER YOU RETURNED TO DUTY. YOU SAY, FURTHER, THAT YOUR CLAIM IS BASED ON THE FACT THAT YOU PAID FOR ITEMS LIKE THOSE TURNED IN AND ON THE FACT THAT WHEN YOU WERE DISCHARGED YOU HAD THE REQUIRED AMOUNT OF CLOTHING. YOUR CLAIM WAS DISALLOWED BY OUR SETTLEMENT OF MAY 25, 1955, BECAUSE YOU HAD NOT FURNISHED RECEIPTS FOR THE CLOTHING PURCHASED.

IT IS THE LONG ESTABLISHED RULE THAT PERSONS WHO PRESENT CLAIMS AGAINST THE UNITED STATES MUST ESTABLISH CLEARLY THE FACTS UPON WHICH THEIR CLAIMS ARE BASED AND THE BURDEN IMPOSED BY THE RULE MUST BE MET SQUARELY IN EACH CASE IN ORDER TO JUSTIFY THE ALLOWANCE OF SUCH CLAIMS FROM APPROPRIATED FUNDS. 23 COMP. GEN. 907. AS YOU HAVE NOT YET FURNISHED RECEIPTS OR OTHER EVIDENCE SATISFACTORILY ESTABLISHING THAT UPON YOUR RETURN TO DUTY YOU WERE REQUIRED TO PAY FOR ITEMS OF CLOTHING WHICH SHOULD HAVE BEEN ISSUED TO YOU GRATUITOUSLY AND AS THE FINANCE CENTER, U.S. ARMY, HAS INDICATED THAT IT HAS BEEN UNABLE TO PROCURE SUBSTANTIATING DOCUMENTS, IT MUST BE CONCLUDED THAT THE VALIDITY OF YOUR CLAIM HAS NOT BEEN ESTABLISHED. ACCORDINGLY, THE SETTLEMENT OF MAY 25, 1955, MUST BE SUSTAINED.