B-128431, AUG. 27, 1956

B-128431: Aug 27, 1956

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BURKE: REFERENCE IS MADE TO YOUR LETTERS REQUESTING RECONSIDERATION OF THAT PORTION OF OUR SETTLEMENT DATED APRIL 23. WHICH DISALLOWED YOUR CLAIM FOR TRAVEL STATED BY YOU TO HAVE BEEN PERFORMED BY YOUR WIFE. WAS DISALLOWED BECAUSE YOU DID NOT FURNISH (1) CONCLUSIVE EVIDENCE THAT THE PERSON WHO TRAVELED UNDER THE NAME OF MARY BENDI OR MARIA DE BENZI WAS IN FACT YOUR DEPENDENT WIFE DURING THE PERIODS INVOLVED. CONSTITUTE SUFFICIENT EVIDENCE THAT MARY BENDI ACTUALLY WAS YOUR WIFE MARY FLORENCE BURKS. YOU ARE ADVISED THAT THE PAPERS TRANSMITTED BY YOU DO NOT HAVE THE EFFECT OF ESTABLISHING THAT MARY BENDI (OR MARIA DE BENZI) WAS MARRIED TO YOU AND WAS YOUR DEPENDENT WHEN THE TRAVEL AUTHORIZATIONS WERE ISSUED.

B-128431, AUG. 27, 1956

TO MR. WILLIAM T. BURKE:

REFERENCE IS MADE TO YOUR LETTERS REQUESTING RECONSIDERATION OF THAT PORTION OF OUR SETTLEMENT DATED APRIL 23, 1956, WHICH DISALLOWED YOUR CLAIM FOR TRAVEL STATED BY YOU TO HAVE BEEN PERFORMED BY YOUR WIFE, MARY FLORENCE BURKE, UNDER THE NAMES OF MARY BENDI AND MARIA DE BENZI, PURSUANT TO TRAVEL AUTHORIZATIONS NO. 2-25382 AND NO. 4-22270, DATED JANUARY 29, 1952, AND JULY 21, 1953, RESPECTIVELY, COVERING YOUR TRAVEL AS AN EMPLOYEE OF THE DEPARTMENT OF STATE.

YOUR CLAIM RELATIVE TO TRAVEL OF YOUR WIFE FROM MONTEVIDEO, URUGUAY, TO WELLINGTON, NEW ZEALAND, AND FROM WELLINGTON, NEW ZEALAND, TO LONDON, ENGLAND, WAS DISALLOWED BECAUSE YOU DID NOT FURNISH (1) CONCLUSIVE EVIDENCE THAT THE PERSON WHO TRAVELED UNDER THE NAME OF MARY BENDI OR MARIA DE BENZI WAS IN FACT YOUR DEPENDENT WIFE DURING THE PERIODS INVOLVED, (2) RECEIPTS SHOWING THE AMOUNTS PAID FOR HER TRANSPORTATION, AND (3) A COMPLETE ITINERARY OF TRAVEL BY HER PURSUANT TO THE ABOVE AUTHORIZATIONS.

BY YOUR LETTERS POSTMARKED JUNE 13, 1956, YOU TRANSMITTED TO OUR OFFICE CERTAIN PAPERS CONSISTING OF MEDICAL AND HOSPITAL BILLS, TELEGRAMS AND CORRESPONDENCE WHICH, YOU STATE, CONSTITUTE SUFFICIENT EVIDENCE THAT MARY BENDI ACTUALLY WAS YOUR WIFE MARY FLORENCE BURKS. IN THIS CONNECTION, HOWEVER, YOU ARE ADVISED THAT THE PAPERS TRANSMITTED BY YOU DO NOT HAVE THE EFFECT OF ESTABLISHING THAT MARY BENDI (OR MARIA DE BENZI) WAS MARRIED TO YOU AND WAS YOUR DEPENDENT WHEN THE TRAVEL AUTHORIZATIONS WERE ISSUED, AND SUCH PAPERS CANNOT BE ACCEPTED AS THE EVIDENCE REFERRED TO IN OUR SETTLEMENT OF APRIL 23, 1956. FURTHERMORE, YOU HAVE NOT FURNISHED THE REQUIRED RECEIPTS COVERING THE AMOUNTS PAID FOR TRANSPORTATION OF YOUR WIFE, NOR THE REQUIRED ITINERARY OF HER TRAVEL.

IT LONG HAS BEEN THE ESTABLISHED RULE OF OUR OFFICE AND THE COURTS THAT THOSE ASSERTING CLAIMS AGAINST THE UNITED STATES HAVE THE BURDEN OF ESTABLISHING THEIR VALIDITY AND THE ACCOUNTING OFFICERS ARE NOT REQUIRED OR AUTHORIZED TO CERTIFY FOR PAYMENT CLAIMS NOT SO ESTABLISHED. LONGWILL V. UNITED STATES, 17 C.CLS. 288, 291; CHARLES V. UNITED STATES, 19 C.CLS. 316, 319; 18 COMP. GEN. 199; 26 ID. 778, 781; 31 ID. 340.

ACCORDINGLY, UNLESS OUR OFFICE IS FURNISHED WITH A CERTIFIED COPY OF YOUR MARRIAGE CERTIFICATE OR OTHER CONCLUSIVE EVIDENCE OF YOUR MARRIAGE TO MARY BENDI (OR MARIA DE BENZI) DURING THE PERIODS OF TRAVEL TOGETHER WITH THE OTHER EVIDENCE INDICATED ABOVE, WE HAVE NO ALTERNATIVE BUT TO DISALLOW YOUR CLAIM.

THE PAPERS TRANSMITTED WITH YOUR LETTERS POSTMARKED JUNE 13, 1956, ARE RETURNED AS REQUESTED.