B-111513, OCT. 9, 1969

B-111513: Oct 9, 1969

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MILITARY MATTERS REGARDING CLAIM BY FORMER ARMY MEMBER FOR "BLUE UNIFORM ALLOWANCE" WHERE INFORMATION IS UNAVAILABLE AS RECORDS WERE DESTROYED PURSUANT TO LAW. THERE IS NO AUTHORITY FOR CLAIM'S FAVORABLE CONSIDERATION. SINCE BURDEN OF PROOF IS UPON CLAIMANT AND NO INFORMATION HAS BEEN FURNISHED SHOWING ENTITLEMENT. MERE DENIAL OF RECEIPT IS TOO DOUBTFUL TO SUPPORT PAYMENT FROM PUBLIC FUNDS AND ACCOUNTING OFFICERS' RULE DISALLOWS DOUBTFUL CLAIMS AGAINST GOVERNMENT THUS LEAVING CLAIMANTS TO COURT REMEDIES. PICKENS: FURTHER REFERENCE IS MADE TO YOUR RECENT LETTER POSTMARKED AUGUST 25. IN WHICH YOU WERE ADVISED THAT THERE IS NO AUTHORITY FOR PAYMENT OF YOUR CLAIM FOR "BLUE UNIFORM ALLOWANCE" BELIEVED TO BE DUE YOU INCIDENT TO YOUR SERVICE IN THE ARMY OF THE UNITED STATES.

B-111513, OCT. 9, 1969

CLAIMS--DOUBTFUL--ACCOUNTING OFFICERS RULE--MILITARY MATTERS REGARDING CLAIM BY FORMER ARMY MEMBER FOR "BLUE UNIFORM ALLOWANCE" WHERE INFORMATION IS UNAVAILABLE AS RECORDS WERE DESTROYED PURSUANT TO LAW, THERE IS NO AUTHORITY FOR CLAIM'S FAVORABLE CONSIDERATION, SINCE BURDEN OF PROOF IS UPON CLAIMANT AND NO INFORMATION HAS BEEN FURNISHED SHOWING ENTITLEMENT, MERE DENIAL OF RECEIPT IS TOO DOUBTFUL TO SUPPORT PAYMENT FROM PUBLIC FUNDS AND ACCOUNTING OFFICERS' RULE DISALLOWS DOUBTFUL CLAIMS AGAINST GOVERNMENT THUS LEAVING CLAIMANTS TO COURT REMEDIES.

TO MR. CECIL E. PICKENS:

FURTHER REFERENCE IS MADE TO YOUR RECENT LETTER POSTMARKED AUGUST 25, 1969, IN EFFECT REQUESTING REVIEW OF THE ACTION TAKEN BY OUR CLAIMS DIVISION BY LETTER DATED JULY 7, 1969, IN WHICH YOU WERE ADVISED THAT THERE IS NO AUTHORITY FOR PAYMENT OF YOUR CLAIM FOR "BLUE UNIFORM ALLOWANCE" BELIEVED TO BE DUE YOU INCIDENT TO YOUR SERVICE IN THE ARMY OF THE UNITED STATES.

THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, IN A COMMUNICATION DATED JUNE 16, 1969, REPORTED THAT INFORMATION PERTAINING TO YOUR CLAIM FOR UNIFORM ALLOWANCE IS NOT AVAILABLE AS YOUR RECORDS HAVE BEEN DESTROYED PURSUANT TO LAW.

IN PRESENTING CLAIMS AGAINST THE UNITED STATES THE BURDEN OF PROOF IS UPON THE CLAIMANT TO SHOW THAT HE IS ENTITLED TO THE AMOUNT CLAIMED. YOU HAVE FURNISHED NO INFORMATION SHOWING YOUR ENTITLEMENT TO A UNIFORM ALLOWANCE. A CLAIM BASED ON A MERE DENIAL OF RECEIPT OF AN AMOUNT PRESENTED AFTER THE RECORDS WHICH MIGHT JUSTIFY OR REFUTE THE CLAIM HAVE BEEN DESTROYED IS OF TOO DOUBTFUL LEGALITY TO SUPPORT THE PAYMENT FROM PUBLIC FUNDS OF THE AMOUNT CLAIMED. IT HAS BEEN THE LONG STANDING RULE OF THE COURTS THAT DOUBTFUL CLAIMS AGAINST THE GOVERNMENT SHOULD BE DISALLOWED BY THE ACCOUNTING OFFICERS AND THE CLAIMANTS LEFT TO THEIR REMEDIES IN THE COURTS. SEE LONGWILL V UNITED STATES, 17 CT. CL. 288 (1881) AND CHARLES V UNITED STATES, 19 CT. CL. 316 (1884).

ACCORDINGLY, THERE IS NO AUTHORITY FOR FAVORABLE CONSIDERATION OF YOUR CLAIM AND THE ACTION OF OUR CLAIMS DIVISION IS SUSTAINED.

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