B-182532, DEC 16, 1974

B-182532: Dec 16, 1974

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SINCE THE BURDEN IS ON THE MEMBER TO SHOW TAHT HE DID NOT IN FACT RECEIVE PAYMENT. GLOVER: THIS ACTION IS IN RESPONSE TO A LETTER DATED AUGUST 30. HE SIGNED THE THE APPROPRIATE PAYROLL PRESENTED TO HIM BY A LIEUTENANT BALL AND WAS INFORMED THAT HIS PAY WOULD BE BROUGHT TO HIM AT SOME LATER DATE. THE RECORD SHOWS THAT CASH PAYMENT WAS MADE TO PRIVATE FIRST CLASS JOHN F. THAT SUCH PAYMENT WAS WITNESSED BY COMPETENT AUTHORITY AND CERTIFIED TO HAVE BEEN CORRECT AS REQUIRED BY ARMY REGULATIONS. THAT CREDIT THEREFOR WAS TAKEN BY THE FINANCE OFFICER IN HIS DISBURSING ACCOUNT. THE ARMY REGULATIONS GOVERNING THE FREQUENCY OF PAYMENT OF PAY AND ALLOWANCES TO ENLISTED MEN DURING THE PERIOD IN QUESTION ARE CONTAINED IN ARMY REGULATION 35-2320.

B-182532, DEC 16, 1974

THE PAY RECORDS OF A SERVICE MEMBER WHICH CONTAIN HIS SIGNATURE INDICATING THAT HE HAS BEEN PAID MUST BE ACCEPTED AS CORRECT IN THE ABSENCE OF CONCLUSIVE EVIDENCE TO THE CONTRARY, SINCE THE BURDEN IS ON THE MEMBER TO SHOW TAHT HE DID NOT IN FACT RECEIVE PAYMENT.

CLAIM FOR PAY - JOHN F. GLOVER:

THIS ACTION IS IN RESPONSE TO A LETTER DATED AUGUST 30, 1974, FROM MR. JOHN F. GLOVER, REQUESTING RECONSIDERATION BY THIS OFFICE OF A CLAIMS DIVISION SETTLEMENT DATED OCOBER 22, 1947, WHICH DISALLOWED HIS CLAIM FOR PAY FOR THE MONTH OF OCTOBER 1943, INCIDENT TO HIS SERVICE AS A PRIVATE FIRST CLASS IN THE UNITED STATES ARMY.

MR. GLOVER CONTENDS THAT WHILE HOSPITALIZED IN AN ARMY FIELD HOSPITAL IN SENTINEL, ARIZONA, DURING THE MONTH OF OCTOBER 1943, HE SIGNED THE THE APPROPRIATE PAYROLL PRESENTED TO HIM BY A LIEUTENANT BALL AND WAS INFORMED THAT HIS PAY WOULD BE BROUGHT TO HIM AT SOME LATER DATE. HE FURTHER DECLARES THAT THIS OFFICER DID NOT RETURN WITH HIS MONEY AND THAT HE HAS NEVER RECEIVED PAYMENT FOR THAT MONTH.

THE RECORD SHOWS THAT CASH PAYMENT WAS MADE TO PRIVATE FIRST CLASS JOHN F. GLOVER, SERIAL NUMBER 32480430, FOR THE NET AMOUNT OF $51.16, THE PAY DUE HIM FOR THE MONTH OF OCTOBER 1943, ON VOUCHER NO. 5715, NOVEMBER 1943 ACCOUNT OF T.R. SCHEFFER, CAPTAIN, FINANCE DEPARTMENT, SYMBOL NO. 211-720, THAT SUCH PAYMENT WAS WITNESSED BY COMPETENT AUTHORITY AND CERTIFIED TO HAVE BEEN CORRECT AS REQUIRED BY ARMY REGULATIONS, AND THAT CREDIT THEREFOR WAS TAKEN BY THE FINANCE OFFICER IN HIS DISBURSING ACCOUNT.

THE ARMY REGULATIONS GOVERNING THE FREQUENCY OF PAYMENT OF PAY AND ALLOWANCES TO ENLISTED MEN DURING THE PERIOD IN QUESTION ARE CONTAINED IN ARMY REGULATION 35-2320, APRIL 1, 1942. PARAGRAPH 1 OF THAT REGULATION PROVIDES THAT ENLISTED PERSONNEL WILL BE PAID EVERY MONTH AND PARAGRAPH 2 PROVIDES THAT SUCH PAYMENT WILL BE MADE AT THE END OF EACH MONTH, BUT NOT LATER THAN THE 15TH DAY OF THE FOLLOWING MONTH. THE ACCEPTED PROCEDURE IN MAKING CASH PAYMENTS IS TO DISBURSE THE APPROPRIATE AMOUNT AT THE TIME RECEIPT IS ACKNOWLEDGED ON AN ARMY PAYROLL.

THE PAY RECORDS CONTAIN THE SIGNATURE OF THE MEMBER IN A COLUMN HEADED WITH A STATEMENT WHICH READS IN PART: "WE HEREBY ACKNOWLEDGE RECEIPT IN CASH OF AMOUNTS IN THE COLUMN 'BALANCE PAID' SET OPPOSITE OUR RESPECTIVE NAMES ***." THUS, THE RECORD CLEARLY INDICATES THAT THE MEMBER HAS BEEN PAID THE AMOUNT IN QUESTION. THAT RECORD MUST BE ACCEPTED AS CORRECT IN THE ABSENCE OF CONCLUSIVE EVIDENCE TO THE CONTRARY. ALSO, THE BURDEN IS ON THE INDIVIDUAL TO PROVE HIS CLAIM, I.E. TO SHOW THAT HE DID NOT IN FACT RECEIVE PAYMENT. SINCE IN THE PRSENT CASE THE CLAIMANT HAS ASSERTED NONPAYMENT BUT HAS FURNISHED NO PROOF OF ANY KIND TO SUPPORT HIS ASSERTION, PAYMENT OF THE CLAIM WOULD NOT BE PROPER.

CONSEQUENTLY, WE MUST SUSTAIN THE ACTION OF THE CLAIMS DIVISION IN DETERMINING THAT PRIVATE FIRST CLASS JOHN F. GLOVER WAS PAID IN DUE COURSE FOR THE MONTH OF OCTOBER 1943.