B-128280, AUG. 29, 1956

B-128280: Aug 29, 1956

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USAF: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 3. YOU WERE DETACHED FROM YOUR ASSIGNMENT AT LANGLEY AIR FORCE BASE. THEREAFTER ORDERS WERE ISSUED IN 1949 AND 1950 WHICH DIRECTED YOUR TRAVEL IN CONNECTION WITH THE INVESTIGATION. YOUR CLAIM FOR PER DIEM ALLOWANCES INCIDENT TO THESE ORDERS WAS DISALLOWED FOR THE REASON THAT THE RECORD DID NOT CONTAIN ORDERS DIRECTING YOU TO TRAVEL AWAY FROM YOUR PERMANENT DUTY STATION AT LOUISVILLE. CROSS WERE NOT ADMINISTERED BY THIS HEADQUARTERS.'. HAVE BEEN DESTROYED IN ACCORDANCE WITH APPLICABLE REGULATIONS. WE ALSO HAVE YOUR SWORN STATEMENT DATED JUNE 22. VIEW OF THE FACT THAT THIS DUTY WAS COMPLETED APPROXIMATELY FIVE (5) YEARS AGO. IT IS ENTIRELY IMPOSSIBLE FOR ME TO COMPLETE A DETAILED ITINERARY AT THIS TIME.'.

B-128280, AUG. 29, 1956

TO MASTER SERGEANT CLAUDE L. CROSS, USAF:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 3, 1956, REQUESTING REVIEW OF OUR SETTLEMENT DATED SEPTEMBER 6, 1955, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM ALLOWANCE FOR PERIODS OF TEMPORARY DUTY PERFORMED WHILE IN A TRAVEL STATUS AWAY FROM YOUR PERMANENT DUTY STATION AT LOUISVILLE, KENTUCKY. ALSO THERE HAS BEEN RECEIVED YOUR LETTER OF JUNE 18, 1956.

BY SPECIAL ORDERS NO. 147, DATED JULY 27, 1949, YOU WERE DETACHED FROM YOUR ASSIGNMENT AT LANGLEY AIR FORCE BASE, VIRGINIA, AND DIRECTED TO REPORT TO THE OFFICE OF THE PROVOST MARSHALL, KENTUCKY MILITARY DISTRICT, LOUISVILLE, KENTUCKY, NOT LATER THAN AUGUST 5, 1949, FOR APPREHENSION DUTY. THEREAFTER ORDERS WERE ISSUED IN 1949 AND 1950 WHICH DIRECTED YOUR TRAVEL IN CONNECTION WITH THE INVESTIGATION, APPREHENSION AND RETURN OF ABSENTEES. YOUR CLAIM FOR PER DIEM ALLOWANCES INCIDENT TO THESE ORDERS WAS DISALLOWED FOR THE REASON THAT THE RECORD DID NOT CONTAIN ORDERS DIRECTING YOU TO TRAVEL AWAY FROM YOUR PERMANENT DUTY STATION AT LOUISVILLE, KENTUCKY. YOUR LETTER OF JANUARY 3, 1956, ENCLOSED COPIES OF VARIOUS ORDERS DIRECTING TRAVEL IN CONNECTION WITH APPREHENSION OF ABSENTEES AND YOU SAY THAT THE BALANCE OF THE RECORDS TO PROVE YOUR CLAIM SHOULD BE AVAILABLE AT HEADQUARTERS, KENTUCKY MILITARY DISTRICT, LOUISVILLE, KENTUCKY.

A REPORT FROM HEADQUARTERS, KENTUCKY MILITARY DISTRICT, LOUISVILLE, KENTUCKY, STATES THAT ,RECORDS PERTAINING TO SGT. CROSS WERE NOT ADMINISTERED BY THIS HEADQUARTERS.' THE FINANCE OFFICE, HEADQUARTERS, LANGLEY AIR FORCE BASE, STATES THAT COPIES OF VOUCHERS PAID PRIOR TO JULY 1, 1951, HAVE BEEN DESTROYED IN ACCORDANCE WITH APPLICABLE REGULATIONS. WE ALSO HAVE YOUR SWORN STATEMENT DATED JUNE 22, 1955, IN WHICH YOU STATE "DURING THE COURSE OF THIS DUTY I STAYED VARIOUS NUMBERS OF TIMES AND VARIOUS LENGTHS OF TIME AT MOST OF THE MAJOR COMMUNITIES OF KENTUCKY. VIEW OF THE FACT THAT THIS DUTY WAS COMPLETED APPROXIMATELY FIVE (5) YEARS AGO, IT IS ENTIRELY IMPOSSIBLE FOR ME TO COMPLETE A DETAILED ITINERARY AT THIS TIME.'

THE PRESENT RECORD SHOWS THAT THE ADMINISTRATIVE OFFICES THAT DIRECTED THE TRAVEL AND DUTY INVOLVED ARE UNABLE TO FURNISH OFFICIAL RECORDS PERTAINING TO YOUR CLAIM AND THAT YOU ARE UNABLE TO FURNISH A COMPLETE ITINERARY FOR THE ACTUAL PERIOD OF YOUR CLAIM. SUCH RECORDS AND ITINERARY ARE ESSENTIAL IN DETERMINING WHAT PER DIEM IF ANY, MIGHT BE PAYABLE. THE TRAVEL AND DUTY FOR WHICH PER DIEM IS CLAIMED ARE ALLEGED TO HAVE BEEN PERFORMED AT VARIOUS TIMES BETWEEN AUGUST 1949 AND JUNE 1950. IT APPEARS, HOWEVER, THAT IT WAS NOT UNTIL JULY 1954--- APPROXIMATELY FIVE YEARS LATER --- THAT YOU UNDERTOOK TO PRESENT YOUR CLAIM. SUCH DELAY UNDOUBTEDLY ACCOUNTS FOR THE LACK OF COMPLETE INFORMATION.

THE BURDEN OF FURNISHING EVIDENCE CLEARLY AND SATISFACTORILY ESTABLISHING A CLAIM IS ON THE CLAIMANT. YOU HAVE NOT MET THAT REQUIREMENT. THE RECORD, AS PRESENTED HERE, CONTAINS NO SATISFACTORY EVIDENCE OF YOUR ENTITLEMENT TO THE PER DIEM ALLOWANCE AS CLAIMED. IN THE ABSENCE OF SUCH EVIDENCE, WE ARE WITHOUT AUTHORITY TO ALLOW YOUR CLAIM. SEE CHARLES V. UNITED STATES, 19 C.CLS. 316; LONGWILL V. UNITED STATES, 17 ID. 288.

ACCORDINGLY, THE SETTLEMENT OF SEPTEMBER 6, 1955, WAS CORRECT AND IS SUSTAINED.