B-131080, MAR. 29, 1957
Highlights
YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON MARCH 19. IT IS INDICATED IN YOUR LETTER THAT YOU HAD FILED A CLAIM WITH THE DEPARTMENT OF THE ARMY FOR OVERTIME COMPENSATION IN 1945 AND 1947. YOU WERE ADVISED THAT A SEARCH OF THE RECORDS FAILED TO LOCATE ANY TIME AND ATTENDANCE REPORTS FOR YOU AND THUS YOUR CLAIM CANNOT NOW BE SUBSTANTIATED BY OFFICIAL RECORDS. THE RULE IN THAT REGARD IS THAT WHERE A CLAIM CANNOT. BE CORROBORATED BY ADMINISTRATIVE RECORDS IT IS INCUMBENT UPON THE CLAIMANT TO ESTABLISH BY A PREPONDERANCE OF THE EVIDENCE THAT HIS CLAIM IS DUE AND THAT OFFICIAL RECORDS DO NOT REFLECT ALL OF THE FACTS. YOU HAVE SUBMITTED NO EVIDENCE THAT YOU DID WORK OVERTIME FOR THE PERIOD IN QUESTION OTHER THAN YOUR UNSUPPORTED SELF- SERVING DECLARATION TO THAT EFFECT.
B-131080, MAR. 29, 1957
TO MR. ALBERT G. POPE:
YOUR LETTER OF FEBRUARY 20, 1957, CONCERNS YOUR CLAIM FOR COMPENSATION FOR OVERTIME SERVICES AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY (FORMERLY WAR DEPARTMENT).
YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON MARCH 19, 1956. THAT PORTION OF YOUR CLAIM FOR OVERTIME COMPENSATION FOR THE PERIOD OCTOBER 1, 1941, THROUGH MARCH 19, 1946, COULD NOT BE GIVEN CONSIDERATION BY OUR OFFICE BECAUSE THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, FOREVER BARS ALL CLAIMS AGAINST THE UNITED STATES NOT PRESENTED HERE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM ACCRUES. IT IS INDICATED IN YOUR LETTER THAT YOU HAD FILED A CLAIM WITH THE DEPARTMENT OF THE ARMY FOR OVERTIME COMPENSATION IN 1945 AND 1947. THE ACT OF OCTOBER 9, 1940, EXPRESSLY REQUIRES THAT CLAIMS BE FILED IN THE GENERAL ACCOUNTING OFFICE AND BARS FURTHER CONSIDERATION OF ANY CLAIM NOT RECEIVED HERE WITHIN 10 YEARS FROM THE DATE IT FIRST ACCRUED. THE FILING OF YOUR CLAIM WITH SOME OTHER AGENCY DOES NOT SATISFY THE REQUIREMENTS OF THE STATUTE.
CONCERNING YOUR CLAIM FOR THE PERIOD FROM MARCH 20 TO NOVEMBER 2, 1946, YOU WERE ADVISED THAT A SEARCH OF THE RECORDS FAILED TO LOCATE ANY TIME AND ATTENDANCE REPORTS FOR YOU AND THUS YOUR CLAIM CANNOT NOW BE SUBSTANTIATED BY OFFICIAL RECORDS. THE RULE IN THAT REGARD IS THAT WHERE A CLAIM CANNOT, THROUGH LAPSE OF TIME, BE CORROBORATED BY ADMINISTRATIVE RECORDS IT IS INCUMBENT UPON THE CLAIMANT TO ESTABLISH BY A PREPONDERANCE OF THE EVIDENCE THAT HIS CLAIM IS DUE AND THAT OFFICIAL RECORDS DO NOT REFLECT ALL OF THE FACTS. YOU HAVE SUBMITTED NO EVIDENCE THAT YOU DID WORK OVERTIME FOR THE PERIOD IN QUESTION OTHER THAN YOUR UNSUPPORTED SELF- SERVING DECLARATION TO THAT EFFECT, WHICH IS INSUFFICIENT TO OVERCOME THE EVIDENCE OTHERWISE OF RECORD.
ACCORDINGLY, IT MUST BE CONCLUDED THAT THE ACTION TAKEN BY OUR OFFICE IN DISALLOWING YOUR CLAIM IS CORRECT AND UPON REVIEW SUCH ACTION MUST BE SUSTAINED.