B-141737, FEB. 15, 1960

B-141737: Feb 15, 1960

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YOUR CLAIM WAS DISALLOWED BECAUSE THE PAYROLLS OF THE NAVAL HOSPITAL. THE LETTER AND ENCLOSURES WERE FORWARDED TO THE DEPARTMENT OF THE NAVY FOR A FURTHER ADMINISTRATIVE REPORT. WE NOW HAVE RECEIVED A REPORT FROM THAT DEPARTMENT WHICH READS IN PART AS FOLLOWS: "THE CLAIM FILE HAS BEEN EXAMINED AND THE INFORMATION SUBMITTED WAS NOT FOUND TO SUBSTANTIATE THE EMPLOYMENT OF THE DECEASED. EVIDENCES ONLY THAT THE DECEASED WAS PERMITTED TO GO THROUGH THE GATE OF THE NAVAL HOSPITAL. THE PASS CARD FURTHER SHOWS THAT THE DECEASED WAS WORKING FOR SCRAPWOOD. "ANOTHER SEARCH WAS MADE OF THE PAY ROLLS OF THE NAVAL HOSPITAL. NO RECORD WAS FOUND OF HIS EMPLOYMENT DURING SEPTEMBER OR OCTOBER 1941. WAS A HELPER IN THE BOILER SHOP.

B-141737, FEB. 15, 1960

TO MRS. SUSANA GALAITES VDA. DE GALUTAN:

YOUR LETTER OF NOVEMBER 7, 1959, WITH ENCLOSURES, REQUESTS REVIEW OF OUR SETTLEMENT OF MARCH 6, 1959, WHICH DISALLOWED YOUR CLAIM FOR BACK PAY BELIEVED DUE FERNANDO GALUTAN, DECEASED, AS AN EMPLOYEE OF THE U.S. NAVY YARD, CAVITE, AND THE NAVAL HOSPITAL, CANACAO, PHILIPPINE ISLANDS, PRIOR TO THE OUTBREAK OF WORLD WAR II.

YOUR CLAIM WAS DISALLOWED BECAUSE THE PAYROLLS OF THE NAVAL HOSPITAL, CANACAO, AND THE NAVY YARD, CAVITE, PHILIPPINES, FOR THE PERIOD IN QUESTION DID NOT SHOW THE NAME OF THE DECEASED.

IN VIEW OF THE CONTENTIONS ADVANCED IN YOUR LETTER OF NOVEMBER 7, 1959, THE LETTER AND ENCLOSURES WERE FORWARDED TO THE DEPARTMENT OF THE NAVY FOR A FURTHER ADMINISTRATIVE REPORT. WE NOW HAVE RECEIVED A REPORT FROM THAT DEPARTMENT WHICH READS IN PART AS FOLLOWS:

"THE CLAIM FILE HAS BEEN EXAMINED AND THE INFORMATION SUBMITTED WAS NOT FOUND TO SUBSTANTIATE THE EMPLOYMENT OF THE DECEASED. THE PASS CARD, NO. 60-DUPLICATE, DATED 2 APRIL 1941, EVIDENCES ONLY THAT THE DECEASED WAS PERMITTED TO GO THROUGH THE GATE OF THE NAVAL HOSPITAL, CANACAO. THE PASS CARD FURTHER SHOWS THAT THE DECEASED WAS WORKING FOR SCRAPWOOD. IN VIEW OF THIS DISCLOSURE, THE DECEASED MAY NOT BE DETERMINED A FORMER EMPLOYEE OF THE NAVAL HOSPITAL, CANACAO.

"ANOTHER SEARCH WAS MADE OF THE PAY ROLLS OF THE NAVAL HOSPITAL, AND THE U.S. NAVY YARD, CAVITE, FOR VERIFICATION OF THE DECEASED'S ALLEGED EMPLOYMENT. NO RECORD WAS FOUND OF HIS EMPLOYMENT DURING SEPTEMBER OR OCTOBER 1941. FLORENCIO DE CASTRO, PAY ROLL NO. 41160, SIGNER OF THE JOINT AFFIDAVIT, WAS A HELPER IN THE BOILER SHOP, NAVY YARD, CAVITE. ATANACIO D. GAGARIN, PAY ROLL NO. 72162, WAS A HELPER IN THE LABORERS AND RIGGERS SHOP, NAVY YARD, CAVITE. BOTH NAMES APPEAR ON THE PAY ROLLS.'

OUR OFFICE, HAVING NO FIRSTHAND KNOWLEDGE OF THE FACTS, MUST NECESSARILY RELY ON THE REPORT OF THE DEPARTMENT REGARDING THE FACTUAL SITUATIONS CONCERNING THE BASIS OF YOUR CLAIM. IN THE ABSENCE OF EVIDENCE LEGALLY SUFFICIENT TO OVERCOME THE PRESUMPTION OF THE CORRECTNESS OF SUCH A REPORT, THE INVARIABLE RULE OF THE ACCOUNTING OFFICERS OF THE GOVERNMENT IN CASES OF DISPUTED FACTS IS TO ACCEPT THE STATEMENT OF THE FACTS AS REPORTED BY THE ADMINISTRATIVE OFFICE CONCERNED. SINCE THERE IS NOTHING IN THE PRESENT RECORD TO JUSTIFY THE REJECTION OF THE FACTS AS ADMINISTRATIVELY REPORTED NO PROPER LEGAL BASIS EXISTS FOR OUR OFFICE TO AUTHORIZE ALLOWANCE OF YOUR CLAIM.

CONSEQUENTLY, WE HAVE NO ALTERNATIVE OTHER THAN TO CONCLUDE THAT THE SETTLEMENT OF MARCH 6, 1959, DISALLOWING YOUR CLAIM IS CORRECT AND IT HEREBY IS SUSTAINED.