B-131608, MAY 13, 1957

B-131608: May 13, 1957

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REGARDING YOUR CLAIM FOR LIBERTY LOAN BONDS ALLEGEDLY PURCHASED BY YOU IN 1918 WHILE YOU WERE SERVING IN THE UNITED STATES ARMY. THAT CLAIM WAS DISALLOWED BY OUR CLAIMS DIVISION ON MARCH 19. THE DEPARTMENT OF THE ARMY IS NOT IN A POSITION TO DETERMINE CONCLUSIVELY THAT A LIBERTY LOAN BOND WAS OR WAS NOT ISSUED TO YOU IN 1918. WHILE YOUR STATEMENT THAT THE BONDS WERE PURCHASED FROM SOLDIERS STATIONED AT CAMP FREMONT IS NOTED. PUBLIC DEBT BRANCH OF THE TREASURY DEPARTMENT IS TO THE EFFECT THAT NO RECORDS HAVE BEEN FOUND OF ANY LIBERTY LOAN BONDS DUE YOU. HAVE CONSISTENTLY REFUSED TO ALLOW A CLAIM WHERE THE CLAIMANT HAS SLEPT ON HIS RIGHTS FOR LONG PERIODS OF YEARS. DURING WHICH PERIOD THE RECORDS NECESSARY EITHER TO JUSTIFY OR REFUTE THE CLAIM HAVE BEEN DESTROYED PURSUANT TO LAW OR OTHERWISE HAVE BECOME UNAVAILABLE.

B-131608, MAY 13, 1957

TO MR. LOUIS NATHAN:

THIS REFERS TO YOUR LETTER OF MARCH 25, 1957, REGARDING YOUR CLAIM FOR LIBERTY LOAN BONDS ALLEGEDLY PURCHASED BY YOU IN 1918 WHILE YOU WERE SERVING IN THE UNITED STATES ARMY. THAT CLAIM WAS DISALLOWED BY OUR CLAIMS DIVISION ON MARCH 19, 1957, AND YOU NOW REQUEST RECONSIDERATION OF THAT DIVISION'S ACTION.

AS STATED TO YOU IN OFFICE LETTER OF MARCH 19, 1957, THE RECORDS OF THE DEPARTMENT OF THE ARMY FAIL TO DISCLOSE ANY DEDUCTIONS FROM YOUR MILITARY PAY FOR THE PURCHASE OF BONDS. IN VIEW OF THE LENGTH OF TIME THAT HAS ELAPSED, IN YOUR CASE APPROXIMATELY 38 YEARS, THE DEPARTMENT OF THE ARMY IS NOT IN A POSITION TO DETERMINE CONCLUSIVELY THAT A LIBERTY LOAN BOND WAS OR WAS NOT ISSUED TO YOU IN 1918. WHILE YOUR STATEMENT THAT THE BONDS WERE PURCHASED FROM SOLDIERS STATIONED AT CAMP FREMONT IS NOTED, INFORMATION FROM THE DIVISION OF LOANS AND CURRENCY, PUBLIC DEBT BRANCH OF THE TREASURY DEPARTMENT IS TO THE EFFECT THAT NO RECORDS HAVE BEEN FOUND OF ANY LIBERTY LOAN BONDS DUE YOU.

THE ACCOUNTING OFFICERS OF THE GOVERNMENT, IN THE ABSENCE OF CLEAR AND SATISFACTORY EVIDENCE OF THE VALIDITY AND NONPAYMENT OF A CLAIM, HAVE CONSISTENTLY REFUSED TO ALLOW A CLAIM WHERE THE CLAIMANT HAS SLEPT ON HIS RIGHTS FOR LONG PERIODS OF YEARS. SEE 4 COMP. DEC. 276; 5 COMP. DEC. 282, 285; AND 4 COMP. GEN. 805. INASMUCH AS YOU FAILED TO PRESENT YOUR CLAIM FOR APPROXIMATELY 38 YEARS, DURING WHICH PERIOD THE RECORDS NECESSARY EITHER TO JUSTIFY OR REFUTE THE CLAIM HAVE BEEN DESTROYED PURSUANT TO LAW OR OTHERWISE HAVE BECOME UNAVAILABLE, WE HAVE NO ALTERNATIVE BUT TO SUBSTAIN THE DISALLOWANCE OF YOUR CLAIM.