B-147175, DEC. 7, 1961

B-147175, DEC. 7, 1961

TO MR. GEORGE BAYRON:

THIS CONCERNS YOUR LETTERS OF OCTOBER 28, 1961, AND OCTOBER 16, 1961, REGARDING YOUR CLAIM FOR REIMBURSEMENT OF CERTAIN MILEAGE AND TOLL CHARGES INCIDENT TO TRAVEL PERFORMED BY YOU IN YOUR PERSONAL AUTOMOBILE DURING THE PERIOD AUGUST 20, 1958, THROUGH AUGUST 31, 1960, AS AN EMPLOYEE OF THE ARMY AUDIT AGENCY, NEW YORK, NEW YORK, WHICH WAS DISALLOWED BY OUR OFFICE SETTLEMENT OF AUGUST 30, 1961. OUR DECISION OF OCTOBER 9, 1961, B-147175, TO YOU, SUSTAINED THE DISALLOWANCE FOR THE REASONS STATED THEREIN.

IN OUR ACKNOWLEDGEMENT OF YOUR LETTER OF OCTOBER 16, 1961, WE INFORMED YOU THAT WE HAD REQUESTED THE ADMINISTRATIVE AGENCY TO FURTHER REVIEW YOUR CASE AND SUBMIT A SUPPLEMENTAL REPORT. THAT REPORT, DATED NOVEMBER 28, 1961, HAS BEEN RECEIVED AND A COPY OF IT IS ENCLOSED.

WE HAVE AGAIN CAREFULLY REVIEWED YOUR CLAIM IN THE LIGHT OF THE SUPPLEMENTAL REPORT OF THE ADMINISTRATIVE AGENCY. IN VIEW OF THE FACT THAT IT SUPPORTS THE DISALLOWANCE ACTION TAKEN IN THIS CASE AND FURTHER THAT YOU HAVE NOT SUBMITTED EVIDENCE SUFFICIENT TO OVERCOME THE PRESUMPTION OF CORRECTNESS OF THE ADMINISTRATIVE AGENCY'S REPORTS, WE AGAIN ADVISE YOU THAT ON THE PRESENT RECORD OUR OFFICE SETTLEMENT OF AUGUST 30, 1961, IS CORRECT AND, THEREFORE, IT MUST BE AND IS HEREBY SUSTAINED.

REGARDING YOUR INQUIRY ABOUT APPEAL PROCEDURE, YOU ARE INFORMED THAT UNDER THE LAW THE DECISIONS OF OUR OFFICE ARE FINAL AND CONCLUSIVE UPON THE EXECUTIVE BRANCH OF THE GOVERNMENT. 31 U.S.C. 74 (FIRST PARAGRAPH). HOWEVER, WE INVITE YOUR ATTENTION TO 28 U.S.C. 1346 AND 1491 CONCERNING MATTERS COGNIZABLE IN THE DISTRICT COURTS OF THE UNITED STATES AND THE UNITED STATES COURT OF CLAIMS.

THE PAPERS WHICH ACCOMPANIED YOUR LETTER OF OCTOBER 16, 1961, ARE RETURNED, AS REQUESTED.