B-153733, MAY 27, 1964

B-153733, MAY 27, 1964

TO EDWARD J. ZAYAC, M.D.:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 25, 1964, AND ENCLOSURE, RELATIVE TO YOUR CLAIM FOR REFUND OF $1,068.40 ALLEGED TO HAVE BEEN COLLECTED FROM YOU INCIDENT TO YOUR SERVICE AS A COMMISSIONED OFFICER OF THE MEDICAL CORPS, UNITED STATES AIR FORCE, PRIOR TO JUNE 24, 1953, THE DATE OF YOUR DISCHARGE FROM THE AIR FORCE.

THE LAW WHICH GOVERNS PAYMENTS OF THE TYPE IN QUESTION IS THE ACT OF SEPTEMBER 2, 1958, PUB.L. 85-869, 72 STAT. 1690, WHICH PROVIDES IN PERTINENT PART AS FOLLOWS:

"THAT NOTWITHSTANDING ANY OTHER LAW, ALL PAYMENTS OF PAY AND ALLOWANCES MADE TO ANY COMMISSIONED OFFICER OF THE MEDICAL CORPS OF THE ARMY, NAVY, OR THE NAVAL RESERVE, OR ANY MEDICAL OFFICER OF THE AIR FORCE, WHO, WHILE SERVING ON ACTIVE DUTY BEFORE JULY 1, 1954, AS AN INTERN OR RESIDENT PHYSICIAN IN A HOSPITAL OTHER THAN A FEDERAL HOSPITAL, ARE VALIDATED TO THE EXTENT THAT SUCH COMPENSATION, PAY AND ALLOWANCES WERE PAID.

"SEC. 2. ANY PERSON COVERED BY SECTION 1 WHO HAS MADE A REPAYMENT TO THE UNITED STATES OF THE AMOUNT SO PAID TO HIM AS SUCH COMPENSATION, PAY OR ALLOWANCES IS ENTITLED TO BE PAID THE AMOUNT INVOLVED, IF OTHERWISE PROPER. * * *.'

IT APPEARS THAT YOUR CLAIM WAS DENIED BY THE DEPARTMENT OF THE AIR FORCE PRIOR TO CONSIDERATION BY THIS OFFICE AND THAT IT WAS DENIED BY OUR CLAIMS DIVISION SETTLEMENT DATED FEBRUARY 18, 1964, FOR THE REASON THAT THE ADMINISTRATIVE RECORDS SHOW THAT SHORTLY AFTER PUBLIC LAW 85 869 WAS ENACTED, YOUR MILITARY PAY RECORDS WERE SCREENED AND NO RECORD WAS FOUND OF ANY COLLECTIONS HAVING BEEN MADE FROM YOU.

BECAUSE OF THE ELAPSED TIME BETWEEN THE DATE OF THE PERTINENT LAW AND THE DATE OF YOUR LETTER OF INQUIRY, THE PAY RECORDS PERTAINING TO YOUR ORIGINAL CLAIM HAD BEEN DESTROYED PURSUANT TO LAW AND NO LONGER WERE AVAILABLE FOR RE-EXAMINATION. BY LETTER DATED MAY 6, 1964, IT WAS VERIFIED THAT YOUR MILITARY PAY RECORDS THROUGH JUNE 30, 1953, WERE DESTROYED. IN YOUR RECENT LETTER YOU AGAIN REQUEST A REVIEW OF THE PRIOR ACTION TAKEN. HOWEVER, YOUR LETTER DOES NOT FURNISH INFORMATION TO ESTABLISH THE AMOUNT, IF ANY, WHICH WAS REPAID TO THE GOVERNMENT AS REQUIRED BY SECTION 2 OF PUBLIC LAW 85-869 FOR PAYMENT OF YOUR CLAIM.

THIS OFFICE IS NOT AUTHORIZED TO PAY CLAIMS AGAINST THE GOVERNMENT BASED SOLELY ON STATEMENTS FROM CLAIMANTS WHICH CANNOT BE VERIFIED OR CORROBORATED BY GOVERNMENT RECORDS. WHILE AIR FORCE LETTER OF JUNE 12, 1951, INDICATES THAT COLLECTION OF THE AMOUNT INVOLVED FROM YOUR PAY AT THE RATE OF APPROXIMATELY $89 PER MONTH WAS PROPOSED FROM YOUR PAY AND YOUR LETTERS OF JUNE 18, 1951, AND FEBRUARY 8, 1952, SUGGEST THAT SUCH COLLECTIONS WERE COMMENCED, WE MAY NOT IGNORE THE FACT THAT AN EXAMINATION OF YOUR PAY RECORDS IN OCTOBER 1958 FAILED TO DISCLOSE ANY EVIDENCE OF COLLECTIONS HAVING BEEN MADE BY WITHHOLDING A PART OF YOUR PAY. THE RULE HAS LONG BEEN ESTABLISHED THAT THE GOVERNMENT ACCOUNTING OFFICERS SHALL REJECT OR DISALLOW ALL CLAIMS IF THE VALIDITY OF SUCH CLAIMS IS IN DOUBT. LONGWILL V. UNITED STATES, 17 CT.CL. 288 (1881) AND CHARLES V. UNITED STATES, 19 CT.CL. 316, 319 (1884).