B-165021, NOV. 13, 1968

B-165021: Nov 13, 1968

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WHICH WAS DISALLOWED BY OUR CLAIMS DIVISION ON MAY 10. THE DISALLOWANCE OF YOUR CLAIM WAS BASED ON THE FACT THAT REMUNERATION FOR THE WORKING PARTIES WAS TO BE EFFECTED THROUGH WORK CHITS MADE OUT BY THE MILITARY MAYOR AND ENDORSED BY THE PROPER MILITARY AUTHORITY FOR PAYMENT. THE RECORD SHOWS THAT NO WORK CHITS WERE EVER PRESENTED FOR PAYMENT AND THE USUAL PAYROLL RECORDS WERE NOT AVAILABLE TO SUBSTANTIATE YOUR CLAIM. WE HAVE CAREFULLY CONSIDERED THE AFFIDAVIT SUBMITTED IN SUPPORT OF YOUR CLAIM. THE STATEMENTS CONTAINED THEREIN ARE NOT SUFFICIENT TO ESTABLISH THAT YOU OR THE OTHER INDIVIDUALS WERE ACTUALLY HIRED BY AN AUTHORIZED OFFICIAL OF THE UNITED STATES AT A STATED RATE OF PAY. SINCE MANY OF THE INDIVIDUALS INVOLVED WERE RETIRED PERSONNEL OF THE ARMY AND NAVY OF THE UNITED STATES IT IS POSSIBLE THAT NO REMUNERATION WAS EXPECTED FOR THE SERVICES RENDERED OTHER THAN FOOD AND LODGING.

B-165021, NOV. 13, 1968

TO MR. GIL P. BORJA:

WE REFER TO YOUR LETTER OF JULY 9, 1968, IN WHICH YOU REQUEST OUR OFFICE TO REVIEW YOUR CLAIM FOR COMPENSATION FOR WORK PERFORMED AT THE NAVY BASE AT DERIQUE INLET, PASUQUIN, ILOCOS NORTE, PHILIPPINE ISLANDS, FOR THE PERIOD FROM FEBRUARY 25, 1945, TO JULY 25, 1945, WHICH WAS DISALLOWED BY OUR CLAIMS DIVISION ON MAY 10, 1956.

THE DISALLOWANCE OF YOUR CLAIM WAS BASED ON THE FACT THAT REMUNERATION FOR THE WORKING PARTIES WAS TO BE EFFECTED THROUGH WORK CHITS MADE OUT BY THE MILITARY MAYOR AND ENDORSED BY THE PROPER MILITARY AUTHORITY FOR PAYMENT, BUT THE RECORD SHOWS THAT NO WORK CHITS WERE EVER PRESENTED FOR PAYMENT AND THE USUAL PAYROLL RECORDS WERE NOT AVAILABLE TO SUBSTANTIATE YOUR CLAIM.

WE HAVE CAREFULLY CONSIDERED THE AFFIDAVIT SUBMITTED IN SUPPORT OF YOUR CLAIM. HOWEVER, THE STATEMENTS CONTAINED THEREIN ARE NOT SUFFICIENT TO ESTABLISH THAT YOU OR THE OTHER INDIVIDUALS WERE ACTUALLY HIRED BY AN AUTHORIZED OFFICIAL OF THE UNITED STATES AT A STATED RATE OF PAY. SINCE MANY OF THE INDIVIDUALS INVOLVED WERE RETIRED PERSONNEL OF THE ARMY AND NAVY OF THE UNITED STATES IT IS POSSIBLE THAT NO REMUNERATION WAS EXPECTED FOR THE SERVICES RENDERED OTHER THAN FOOD AND LODGING.

IN VIEW OF THE LACK OF OFFICIAL RECORDS TO ESTABLISH THAT YOU WERE HIRED AT A SPECIFIC RATE OF PAY AND DID NOT RECEIVE ANY REMUNERATION WHATSOEVER FOR THE SERVICES IN QUESTION THE DISALLOWANCE OF YOUR CLAIM MUST BE SUSTAINED.