B-159525, JUL. 12, 1966

B-159525: Jul 12, 1966

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LAPIC: REFERENCE IS MADE TO YOUR LETTER DATED MAY 31. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED AUGUST 17. ON THE BASIS THAT ALTHOUGH OUR RECORDS INDICATE THAT A CLAIM WAS FILED IN 1943. THIS OFFICE MUST CONCLUDE THAT YOUR 1943 CLAIM WAS GIVEN THE PROPER CONSIDERATION AT THAT TIME. WAS DETERMINED TO BE EITHER NOT VALID OR. THAT PAYMENT WAS MADE TO YOU. IS SUSTAINED. YOU ARE ADVISED THAT OUR RECORDS INDICATE THAT THE CLAIMS FILE IN YOUR CASE WAS DESTROYED PURSUANT TO AUTHORITY CONTAINED IN THE ACT OF JULY 7.

B-159525, JUL. 12, 1966

TO MR. ADOLPH M. LAPIC:

REFERENCE IS MADE TO YOUR LETTER DATED MAY 31, 1966, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR ARREARS OF PAY INCIDENT TO YOUR SERVICE IN THE UNITED STATES MARINE CORPS DURING WORLD WAR II.

YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED AUGUST 17, 1965, ON THE BASIS THAT ALTHOUGH OUR RECORDS INDICATE THAT A CLAIM WAS FILED IN 1943, THE LONG DELAY ON YOUR PART IN PURSUING YOUR CLAIM AND THAT DESTRUCTION OF THE RECORDS INVOLVED PURSUANT TO LAW, GAVE RISE TO A SITUATION WHICH MADE IT IMPOSSIBLE TO EITHER PROVE OR DISPROVE PAYMENT OF YOUR EARLIER CLAIM. IN SUCH CIRCUMSTANCES, THIS OFFICE MUST CONCLUDE THAT YOUR 1943 CLAIM WAS GIVEN THE PROPER CONSIDERATION AT THAT TIME, AND WAS DETERMINED TO BE EITHER NOT VALID OR, IF VALID, THAT PAYMENT WAS MADE TO YOU. IN OTHER WORDS, IN THE ABSENCE OF CLEAR AND CONVINCING EVIDENCE OF THE PRESENT VALIDITY AND NONPAYMENT OF YOUR CLAIM, WE MAY NOT CONSIDER THE MERITS OF SUCH CLAIM AT THIS LATE DATE. THE COPY OF THE LETTER TO YOU FROM THE MARINE CORPS DATED NOVEMBER 25, 1943, DOES NOT CONSTITUTE SUFFICIENT EVIDENCE TO SUPPORT THE PRESENT VALIDITY AND NONPAYMENT OF YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF AUGUST 17, 1965, IS SUSTAINED.

CONCERNING YOUR COMMENT WITH RESPECT TO THE DESTRUCTION OF RECORDS,YOU ARE ADVISED THAT OUR RECORDS INDICATE THAT THE CLAIMS FILE IN YOUR CASE WAS DESTROYED PURSUANT TO AUTHORITY CONTAINED IN THE ACT OF JULY 7, 1943, CH. 192, 57 STAT. 380.