B-180880, APR 18, 1974

B-180880: Apr 18, 1974

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

BERZON: REFERENCE IS MADE TO YOUR LETTER RECEIVED IN THIS OFFICE ON OCTOBER 25. WE HAVE BEEN INFORMED BY THE UNITED STATES MARINE CORPS THAT YOU WERE HONORABLY DISCHARGED AS A CAPTAIN ON OCTOBER 10. THE JURISDICTION OF THIS OFFICE IS SUCH THAT WE CANNOT EFFECT CHANGES IN MILITARY GRADE. SUCH ACTION IS WITHIN THE PROVINCE OF THE SECRETARY OF THE SERVICE CONCERNED. CONCERNING THE GRANTING OF DISABILITY PAY (COMPENSATION) THAT IS WHOLLY WITHIN THE JURISDICTION OF THE VETERANS ADMINISTRATION. IT HAS LONG BEEN HELD THAT THE BURDEN IS UPON CLAIMANTS TO FURNISH EVIDENCE CLEARLY AND SATISFACTORILY ESTABLISHING THEIR CLAIMS AND IN THE ABSENCE OF SUCH EVIDENCE THIS OFFICE HAS NO AUTHORITY TO CERTIFY CLAIMS FOR PAYMENT.

B-180880, APR 18, 1974

PRECIS-UNAVAILABLE

TO MR. SAMUEL P. BERZON:

REFERENCE IS MADE TO YOUR LETTER RECEIVED IN THIS OFFICE ON OCTOBER 25, 1973, IN EFFECT APPEALING THE OCTOBER 18, 1973, DISALLOWANCE BY OUR TRANSPORTATION AND CLAIMS DIVISION OF YOUR CLAIMS FOR RETIRED PAY, REIMBURSEMENT FOR HEALTH EXPENSES AND REIMBURSEMENT FOR SERVICES RENDERED VARIOUS FEDERAL OFFICES AND AGENCIES DURING THE PERIOD OCTOBER 10, 1958, TO THE PRESENT.

WE HAVE BEEN INFORMED BY THE UNITED STATES MARINE CORPS THAT YOU WERE HONORABLY DISCHARGED AS A CAPTAIN ON OCTOBER 10, 1958.

IN REGARD TO YOUR REQUEST THAT YOU BE RETIRED IN THE GRADE OF COLONEL WITH 100 PERCENT DISABILITY PAY, THE JURISDICTION OF THIS OFFICE IS SUCH THAT WE CANNOT EFFECT CHANGES IN MILITARY GRADE. SUCH ACTION IS WITHIN THE PROVINCE OF THE SECRETARY OF THE SERVICE CONCERNED, WHICH IN YOUR CASE WOULD BE THE SECRETARY OF THE NAVY. CONCERNING THE GRANTING OF DISABILITY PAY (COMPENSATION) THAT IS WHOLLY WITHIN THE JURISDICTION OF THE VETERANS ADMINISTRATION.

REGARDING YOUR CLAIM FOR REIMBURSEMENT FOR HEALTH EXPENSES AND FOR SERVICES RENDERED VARIOUS FEDERAL OFFICES AND AGENCIES, IT HAS LONG BEEN HELD THAT THE BURDEN IS UPON CLAIMANTS TO FURNISH EVIDENCE CLEARLY AND SATISFACTORILY ESTABLISHING THEIR CLAIMS AND IN THE ABSENCE OF SUCH EVIDENCE THIS OFFICE HAS NO AUTHORITY TO CERTIFY CLAIMS FOR PAYMENT. SEE CHARLES V. UNITED STATES, 19 CT. CL. 316 (1884); LONGWILL V. UNITED STATES, 17 CT. CL. 288 (1881); AND 31 COMP. GEN. 340 (1952). CLAIMS AGAINST THE UNITED STATES CANNOT BE ALLOWED ON THE STATEMENT OF THE CLAIMANT UNLESS THEY BE VERIFIED OR CORROBORATED BY GOVERNMENT RECORDS OR DOCUMENTARY EVIDENCE.

THEREFORE, SINCE YOU HAVE FURNISHED NO EVIDENCE CLEARLY ESTABLISHING YOUR CLAIMS, WE MUST SUSTAIN THE PRIOR DISALLOWANCE OF THOSE CLAIMS.