B-139879, JUL. 1, 1959

B-139879: Jul 1, 1959

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YOUR CLAIM WAS TRANSMITTED HERE PURSUANT TO 4 CFR 31.4 WHICH PROVIDES THAT CLAIMS WHICH CANNOT BE DISPOSED OF ADMINISTRATIVELY WILL BE TRANSMITTED TO THE CLAIMS DIVISION OF THE GENERAL ACCOUNTING OFFICE BY THE ADMINISTRATIVE OFFICE. THE RECORD FAILS TO SHOW THAT YOU WERE CALLED TO ACTIVE DUTY FOR THE PURPOSE OF TEACHING THE COURSE IN QUESTION OR THAT YOU WERE OTHERWISE EMPLOYED OR AWARDED A CONTRACT TO TEACH SUCH COURSE. 4 CFR 31.7 PROVIDES THAT CLAIMS ARE SETTLED ON THE BASIS OF THE FACTS AS ESTABLISHED BY THE GOVERNMENT AGENCY CONCERNED AND BY EVIDENCE SUBMITTED BY THE CLAIMANT. THAT SETTLEMENTS ARE FOUNDED ON A DETERMINATION OF THE LEGAL LIABILITY OF THE UNITED STATES UNDER THE FACTUAL SITUATION INVOLVED AS ESTABLISHED BY THE WRITTEN RECORD.

B-139879, JUL. 1, 1959

TO MR. ELIOT GERBER:

ON MAY 26, 1959, YOU REQUESTED REVIEW OF OUR SETTLEMENT OF MAY 21, 1959, WHICH DISALLOWED YOUR CLAIM FOR COMPENSATION FOR A COURSE WHICH YOU SAY YOU TAUGHT IN MILITARY LAW TO SENIOR ROTC STUDENTS AT THE UNIVERSITY OF MICHIGAN IN 1957. YOUR CLAIM WAS TRANSMITTED HERE PURSUANT TO 4 CFR 31.4 WHICH PROVIDES THAT CLAIMS WHICH CANNOT BE DISPOSED OF ADMINISTRATIVELY WILL BE TRANSMITTED TO THE CLAIMS DIVISION OF THE GENERAL ACCOUNTING OFFICE BY THE ADMINISTRATIVE OFFICE.

THE RECORD FAILS TO SHOW THAT YOU WERE CALLED TO ACTIVE DUTY FOR THE PURPOSE OF TEACHING THE COURSE IN QUESTION OR THAT YOU WERE OTHERWISE EMPLOYED OR AWARDED A CONTRACT TO TEACH SUCH COURSE.

4 CFR 31.7 PROVIDES THAT CLAIMS ARE SETTLED ON THE BASIS OF THE FACTS AS ESTABLISHED BY THE GOVERNMENT AGENCY CONCERNED AND BY EVIDENCE SUBMITTED BY THE CLAIMANT; THAT SETTLEMENTS ARE FOUNDED ON A DETERMINATION OF THE LEGAL LIABILITY OF THE UNITED STATES UNDER THE FACTUAL SITUATION INVOLVED AS ESTABLISHED BY THE WRITTEN RECORD; AND THAT THE BURDEN IS ON CLAIMANTS TO ESTABLISH THE LIABILITY OF THE UNITED STATES, AND THE CLAIMANTS' RIGHT TO PAYMENT. IN CASES INVOLVING DISPUTED QUESTIONS OF FACT BETWEEN A CLAIMANT AND THE ADMINISTRATIVE OFFICERS OF THE GOVERNMENT, THE UNBROKEN RULE OF THE ACCOUNTING OFFICERS OF THE GOVERNMENT IS TO ACCEPT THE STATEMENT OF FACTS FURNISHED BY THE ADMINISTRATIVE OFFICERS.

FURTHERMORE, IT IS "THE UNDOUBTED RIGHT AND DUTY" OF THE ACCOUNTING OFFICERS OF THE GOVERNMENT TO REJECT ANY CLAIM IN WHOLE OR IN PART "AS THEIR JUDGMENT DICTATES" TO WHICH THEY BELIEVE THERE MAY BE SUBSTANTIAL DEFENSES IN LAW, OR AS TO THE VALIDITY OF WHICH THEY ARE IN DOUBT (LONGWILL V. UNITED STATES, 17 C.CLS. 288, 291), LEAVING THE CLAIMANTS TO PROSECUTE THEIR CLAIMS IN A COURT OF LAW.

ACCORDINGLY, ON THE PRESENT RECORD WE ARE REQUIRED TO SUSTAIN THE SETTLEMENT OF MAY 21, 1959.