B-141346, SEP. 2, 1960
Highlights
THE FACTS IN YOUR CASE AND THE REASONS FOR THE DISALLOWANCE OF YOUR CLAIM ARE FULLY SET FORTH IN OUR DECISION TO YOU OF JULY 22. IN PART: "YOU HAVE HAD THE COURAGE TO MAKE AN ADMISSION IN WRITING THAT NO AGENCY OR INDIVIDUAL HAS MADE TO DATE: NAMELY. THAT EVEN IF MY STATEMENTS WERE "TRUTHS" (WHICH NO ONE TO DATE HAS DISPROVED) IT IS YOUR POLICY TO ACCEPT THE REPORT OF ADMINISTRATIVE OFFICERS "ON DISPUTED QUESTIONS OF FACT.'" IN OUR DECISION OF JULY 22. WE DID NOT SAY THAT EVEN IF YOUR STATEMENTS WERE "TRUTHS" OUR POLICY IS TO ACCEPT THE REPORT OF THE ADMINISTRATIVE OFFICERS ON DISPUTED QUESTIONS OF FACT. WE DID SAY THAT: "* * * THE ESTABLISHED RULE OF OUR OFFICE IS TO ACCEPT THE REPORT OF THE ADMINISTRATIVE OFFICERS ON DISPUTED QUESTIONS OF FACT.
B-141346, SEP. 2, 1960
TO MR. MARC BALLOTTA:
YOUR LETTER OF AUGUST 20, 1960, REQUESTS, IN EFFECT, THAT WE RECONSIDER THE ACTION TAKEN BY OUR OFFICE IN DISALLOWING YOUR CLAIM FOR REIMBURSEMENT OF YOUR EXPENSES INCURRED IN TRAVEL AND TRANSPORTATION FROM PARIS, FRANCE, TO NEW YORK, NEW YORK, IN CONNECTION WITH YOUR SEPARATION FROM YOUR POSITION WITH THE DEPARTMENT OF THE ARMY.
THE FACTS IN YOUR CASE AND THE REASONS FOR THE DISALLOWANCE OF YOUR CLAIM ARE FULLY SET FORTH IN OUR DECISION TO YOU OF JULY 22, 1960, B 141346, AND NEED NOT BE REPEATED HERE.
IN YOUR PRESENT LETTER YOU SAY, IN PART:
"YOU HAVE HAD THE COURAGE TO MAKE AN ADMISSION IN WRITING THAT NO AGENCY OR INDIVIDUAL HAS MADE TO DATE: NAMELY, THAT EVEN IF MY STATEMENTS WERE "TRUTHS" (WHICH NO ONE TO DATE HAS DISPROVED) IT IS YOUR POLICY TO ACCEPT THE REPORT OF ADMINISTRATIVE OFFICERS "ON DISPUTED QUESTIONS OF FACT.'"
IN OUR DECISION OF JULY 22, 1960, B-141346, TO YOU, WE DID NOT SAY THAT EVEN IF YOUR STATEMENTS WERE "TRUTHS" OUR POLICY IS TO ACCEPT THE REPORT OF THE ADMINISTRATIVE OFFICERS ON DISPUTED QUESTIONS OF FACT. WE DID SAY THAT:
"* * * THE ESTABLISHED RULE OF OUR OFFICE IS TO ACCEPT THE REPORT OF THE ADMINISTRATIVE OFFICERS ON DISPUTED QUESTIONS OF FACT, IN THE ABSENCE OF EVIDENCE SUFFICIENT TO OVERCOME THE PRESUMPTION OF THE CORRECTNESS THEREOF.'
SINCE YOU HAVE PRODUCED NO EVIDENCE TO IMPEACH THE FACTS IN THE REPORT MADE BY THE ADMINISTRATIVE OFFICE, OTHER THAN YOUR UNSUPPORTED SELF- SERVING STATEMENT THAT THE FACTS AS SUBMITTED BY THE ADMINISTRATIVE OFFICE ARE NOT CORRECT IN ALL RESPECTS, WE HAVE NO ALTERNATIVE BUT TO ACCEPT THE REPORT OF THE ADMINISTRATIVE OFFICE. YOUR LETTER OF AUGUST 20 DOES NOT ADD ANY MATERIAL EVIDENCE TO THE CASE; HENCE, FURTHER CONSIDERATION OF OUR ACTION IS NOT WARRANTED ON THE PRESENT RECORD.