B-163718, JUN. 28, 1968

B-163718: Jun 28, 1968

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RISOLDI: FURTHER REFERENCE IS MADE TO YOUR CLAIM FOR TRAVEL ALLOWANCE FOR TRAVEL PERFORMED FROM DEERFIELD. PROVIDED THAT YOU WERE TO REPORT TO USAR CENTER FOR NECESSARY TRAVEL INSTRUCTIONS. PAYMENT OF THE TRAVEL ALLOWANCE YOU CLAIM IS AUTHORIZED BY LAW (37 U.S.C. 404) ONLY FOR TRAVEL ACTUALLY PERFORMED IN COMPLIANCE WITH THE REQUIREMENTS OF COMPETENT TRAVEL ORDERS. WHERE AND WHEN YOU WERE NOTIFIED OF YOUR ACTIVE DUTY ASSIGNMENT AND OF THE REQUIREMENT THAT YOU WERE TO REPORT TO FORT JACKSON ON AUGUST 1. TO DATE WE HAVE RECEIVED NO REPLY TO OUR LETTER. OUR DECISIONS HAVE CONSISTENTLY HELD THAT THE BURDEN DOES NOT REST WITH THIS OFFICE TO REFUTE CLAIMS PRESENTED FOR SETTLEMENT OR THE ALLEGATIONS UPON WHICH SUCH CLAIMS ARE BASED.

B-163718, JUN. 28, 1968

TO MR. CIRO G. RISOLDI:

FURTHER REFERENCE IS MADE TO YOUR CLAIM FOR TRAVEL ALLOWANCE FOR TRAVEL PERFORMED FROM DEERFIELD, MASSACHUSETTS, TO FORT JACKSON, SOUTH CAROLINA, INCIDENT TO ACTIVE DUTY FOR TRAINING AS PRIVATE E-2, UNITED STATES ARMY, UNDER ORDERS OF JULY 14, 1966, AS AMENDED BY ORDERS OF JUNE 9, 1967.

THE ORDERS OF JULY 14, 1966, WHICH ORDERED YOU WITH YOUR CONSENT TO ACTIVE DUTY FOR TRAINING FOR A PERIOD OF 20 WEEKS, DIRECTED YOU TO REPORT AT THE RECEIVING STATION, FORT JACKSON, SOUTH CAROLINA, ON AUGUST 1, 1966. THE ORDERS STATED THAT YOU WOULD BE PROVIDED TRANSPORTATION AND SUBSISTENCE IN KIND OR BE ISSUED TRANSPORTATION REQUESTS AND MEAL TICKETS FOR THE TRAVEL, AND PROVIDED THAT YOU WERE TO REPORT TO USAR CENTER FOR NECESSARY TRAVEL INSTRUCTIONS. THE ORDERS OF JUNE 9, 1967, PURPORTED TO AMEND SUCH PROVISIONS TO AUTHORIZE REIMBURSEMENT FOR TRAVEL AT OWN EXPENSE.

PAYMENT OF THE TRAVEL ALLOWANCE YOU CLAIM IS AUTHORIZED BY LAW (37 U.S.C. 404) ONLY FOR TRAVEL ACTUALLY PERFORMED IN COMPLIANCE WITH THE REQUIREMENTS OF COMPETENT TRAVEL ORDERS.

IN OUR LETTER OF APRIL 10, 1968, COPY ENCLOSED, WE STATED THAT THE CLAIM DID NOT CONTAIN SUFFICIENT INFORMATION FOR A PROPER DETERMINATION OF YOUR ENTITLEMENT. WE REQUESTED YOU TO FURNISH A STATEMENT SHOWING HOW, WHERE AND WHEN YOU WERE NOTIFIED OF YOUR ACTIVE DUTY ASSIGNMENT AND OF THE REQUIREMENT THAT YOU WERE TO REPORT TO FORT JACKSON ON AUGUST 1, 1966. REQUESTED FURTHER THAT YOU FURNISH A TRAVEL ITINERARY SHOWING DATES OF TRAVEL AND MEANS OF TRANSPORTATION TO FORT JACKSON; ALSO, WHETHER YOU REPORTED TO THE USAR CENTER PRIOR TO YOUR DEPARTURE AND IF SO, WHAT INSTRUCTIONS YOU RECEIVED AT THAT TIME. HOWEVER, TO DATE WE HAVE RECEIVED NO REPLY TO OUR LETTER.

OUR DECISIONS HAVE CONSISTENTLY HELD THAT THE BURDEN DOES NOT REST WITH THIS OFFICE TO REFUTE CLAIMS PRESENTED FOR SETTLEMENT OR THE ALLEGATIONS UPON WHICH SUCH CLAIMS ARE BASED, BUT THAT THE BURDEN IS ON THE CLAIMANTS TO FURNISH EVIDENCE TO OUR OFFICE CLEARLY AND SATISFACTORILY PROVING THEIR CLAIMS AND ALL MATTERS INCIDENTAL THERETO WHICH MAY BE NECESSARY TO ESTABLISH THE LEGAL LIABILITY OF THE UNITED STATES AND THE CLAIMANT'S RIGHT TO RECEIVE PAYMENT. 18 COMP. GEN. 980 AND 31 ID. 340.

ACCORDINGLY, IN THE ABSENCE OF THE REQUESTED INFORMATION, WE HAVE NO ALTERNATIVE OTHER THAN TO SUSTAIN THE SETTLEMENT DATED FEBRUARY 9, 1968, WHICH DISALLOWED YOUR CLAIM.