B-156172, APR. 19, 1965

B-156172: Apr 19, 1965

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THIS LETTER APPARENTLY IS INTENDED AS A REQUEST FOR RECONSIDERATION OF OUR SETTLEMENT DATED JANUARY 27. THAT THE BILL FOR SUCH SERVICE WAS $517. THAT YOU HAVE RECEIVED THREE CHECKS TOTALLING $350. YOU HAVE FURNISHED NO EVIDENCE WHATSOEVER TO SUPPORT YOUR ALLEGATION OF ANY AMOUNT STILL DUE YOU FROM THE UNITED STATES FOR MEALS SERVED TO RESERVE PERSONNEL. OBVIOUSLY WE CANNOT PAY OUT FEDERAL MONEY ON THE BASIS OF A MERE UNSUPPORTED ALLEGATION THAT A PAYMENT IS DUE. WE WOULD BE DERELICT IN OUR DUTY TO THE GOVERNMENT AND TO THE TAXPAYER WERE WE TO DO SO. THE BURDEN IS ON CLAIMANTS TO FURNISH EVIDENCE CLEARLY AND SATISFACTORILY ESTABLISHING THEIR CLAIMS (39 COMP. IN VIEW OF THE ABOVE WE HAVE NO ALTERNATIVE ON THE PRESENT RECORD BUT TO SUSTAIN THE PREVIOUS DISALLOWANCE OF YOUR CLAIM.

B-156172, APR. 19, 1965

TO MR. JAMES E. DONOVAN:

ON FEBRUARY 3, 1965, WE RECEIVED YOUR LETTER REITERATING YOUR CLAIM AGAINST THE UNITED STATES FOR A BALANCE ALLEGEDLY DUE YOU FOR MEALS AND BOX LUNCHES FURNISHED UNITED STATES ARMY RESERVE PERSONNEL IN AUGUST 1962. THIS LETTER APPARENTLY IS INTENDED AS A REQUEST FOR RECONSIDERATION OF OUR SETTLEMENT DATED JANUARY 27, 1965, CLAIM NO. Z 2278697, WHICH DISALLOWED YOUR CLAIM.

THE AMOUNT OF YOUR CLAIM APPEARS TO BE INDEFINITE. IN YOUR ORIGINAL LETTER, RECEIVED BY THE ARMY ON OCTOBER 24, 1962, YOU STATED THAT YOU HAD SERVED APPROXIMATELY 188 MEN TWO MEALS EACH (A DINNER AND A BOX LUNCH); THAT THE BILL FOR SUCH SERVICE WAS $517; AND THAT YOU HAD RECEIVED A CHECK FOR $299.25, LEAVING A BALANCE DUE OF $218. YOUR LETTER DATED APRIL 1, 1963, INDICATES THAT THE UNITED STATES STILL OWES YOU $50, WHEREAS YOUR LATEST LETTER STATES THAT YOU SERVED BREAKFAST AND A BOX LUNCH TO 160 MEN AND SUPPER TO 70 MEN AT A TOTAL PRICE OF $500, AND THAT YOU HAVE RECEIVED THREE CHECKS TOTALLING $350, LEAVING A BALANCE DUE YOU OF $150.

IN ANY EVENT, YOU HAVE FURNISHED NO EVIDENCE WHATSOEVER TO SUPPORT YOUR ALLEGATION OF ANY AMOUNT STILL DUE YOU FROM THE UNITED STATES FOR MEALS SERVED TO RESERVE PERSONNEL. FURTHERMORE, A CAREFUL EXAMINATION OF THE RECORDS OF THE DEPARTMENT OF THE ARMY HAS FAILED TO DISCLOSE ANY RECORD OF MEALS FURNISHED BY YOU FOR WHICH PAYMENT HAS NOT BEEN MADE. OBVIOUSLY WE CANNOT PAY OUT FEDERAL MONEY ON THE BASIS OF A MERE UNSUPPORTED ALLEGATION THAT A PAYMENT IS DUE. WE WOULD BE DERELICT IN OUR DUTY TO THE GOVERNMENT AND TO THE TAXPAYER WERE WE TO DO SO. THE BURDEN IS ON CLAIMANTS TO FURNISH EVIDENCE CLEARLY AND SATISFACTORILY ESTABLISHING THEIR CLAIMS (39 COMP. GEN. 755; 31 COMP. GEN. 340; 18 COMP. GEN. 980), AND THE RECORD, AS PRESENTED, DOES NOT ESTABLISH BY SATISFACTORY EVIDENCE THE EXISTENCE OF ANY OUTSTANDING LIABILITY ON THE PART OF THE UNITED STATES FOR MEALS FURNISHED BY YOU.

IN VIEW OF THE ABOVE WE HAVE NO ALTERNATIVE ON THE PRESENT RECORD BUT TO SUSTAIN THE PREVIOUS DISALLOWANCE OF YOUR CLAIM.