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B-132236, AUG. 27, 1957

B-132236 Aug 27, 1957
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- A COPY OF WHICH WAS ON FILE HERE WHEN OUR SETTLEMENT OF JUNE 11. WAS MADE. THE PERIOD COVERED BY THAT PAYMENT OR WHO MADE SUCH PAYMENT IS NOT INDICATED. THE LETTER OF YOUR ATTORNEYS PRESENTS NOTHING IN ADDITION TO WHAT WAS BEFORE US WHEN YOUR CLAIM WAS DISALLOWED ON JUNE 11. THE RULE IS WELL SETTLED THAT CLAIMS AGAINST THE UNITED STATES MAY NOT BE ALLOWED ON THE MERE STATEMENT OF A CLAIMANT. THAT THE BURDEN IS UPON A CLAIMANT TO ESTABLISH HIS RIGHT TO RECEIVE THE AMOUNT CLAIMED. THAT OFFICE REPORTED IT WAS UNABLE TO LOCATE ANY INFORMATION WHICH WOULD SUBSTANTIATE OR REFUTE YOUR CLAIM. THIS EXPLAINS THE WORDING OF THE SETTLEMENT WHICH YOUR ATTORNEYS HAVE QUESTIONED. WE ARE WITHOUT AUTHORITY TO ALLOW YOUR CLAIM.

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B-132236, AUG. 27, 1957

TO MR. MICHAL BODZINSKI:

CONSIDERATION HAS BEEN GIVEN TO A LETTER DATED JUNE 20, 1957, WRITTEN IN YOUR BEHALF BY LEACY, ALMASI, AND DECKER, ATTORNEYS, REGARDING YOUR CLAIM FOR AN AMOUNT ALLEGED TO BE DUE FOR THE PERIOD FROM MAY 1, 1946, TO JUNE 15, 1946, WHILE STATIONED AT MANHEIM, GERMANY, AND FOR PENSION BASED ON YOUR SERVICE AS A FIRST LIEUTENANT, POLISH GUARD COMPANY, UNITED STATES ARMY IN THE AMERICAN ZONE IN GERMANY.

THE LETTER MAKES REFERENCE TO A CERTIFICATE IN YOUR POSSESSION WHICH INDICATES THAT YOU HAD NOT--- ON DECEMBER 3, 1946, THE DATE OF THE CERTIFICATE--- BEEN PAID FOR THE PERIOD FROM MAY 1, 1946, TO JUNE 15, 1946, FOR SERVICE WITH HEADQUARTERS, 1072 LABOR SUPERVISION COMPANY, 4200 LABOR SERVICE COMPANY. THE CERTIFICATE--- A COPY OF WHICH WAS ON FILE HERE WHEN OUR SETTLEMENT OF JUNE 11, 1954, WAS MADE--- SHOWS, ALSO, THAT YOUR LAST PAY TOTALED 908 REICHSMARKS. THE PERIOD COVERED BY THAT PAYMENT OR WHO MADE SUCH PAYMENT IS NOT INDICATED. THE LETTER OF YOUR ATTORNEYS PRESENTS NOTHING IN ADDITION TO WHAT WAS BEFORE US WHEN YOUR CLAIM WAS DISALLOWED ON JUNE 11, 1954.

THE RULE IS WELL SETTLED THAT CLAIMS AGAINST THE UNITED STATES MAY NOT BE ALLOWED ON THE MERE STATEMENT OF A CLAIMANT, NOT VERIFIED OR CORROBORATED BY GOVERNMENT RECORDS OR DOCUMENTARY EVIDENCE, AND THAT THE BURDEN IS UPON A CLAIMANT TO ESTABLISH HIS RIGHT TO RECEIVE THE AMOUNT CLAIMED.

WE REFERRED YOUR CLAIM TO THE DEPARTMENT OF THE ARMY FOR A REPORT. THAT OFFICE REPORTED IT WAS UNABLE TO LOCATE ANY INFORMATION WHICH WOULD SUBSTANTIATE OR REFUTE YOUR CLAIM. WE CONSTRUED THAT REPORT TO MEAN THAT THE DEPARTMENT OF THE ARMY HAS NOT BEEN ABLE TO LOCATE ANY RECORD OF ANY SERVICE PERFORMED BY YOU AND HENCE, HAS NO RECORD THAT ANY PAY REMAINED UNPAID. THIS EXPLAINS THE WORDING OF THE SETTLEMENT WHICH YOUR ATTORNEYS HAVE QUESTIONED.

ACCORDINGLY, INASMUCH AS THE CERTIFICATE UPON WHICH YOU RELY CANNOT BE CORROBORATED BY RECORDS OF THE GOVERNMENT, WE ARE WITHOUT AUTHORITY TO ALLOW YOUR CLAIM. THE DISALLOWANCE DATED JUNE 11, 1954, MUST BE SUSTAINED ON THAT BASIS.

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