B-107211, MAR 17, 1987, OFFICE OF GENERAL COUNSEL
Highlights
BASED ON OUR LEGAL DETERMINATION IN 1952 THAT HE WAS ENTITLED TO SUCH PAY. BECAUSE GOVERNMENT RECORDS WHICH WOULD VERIFY THAT HIS CLAIM WAS NEVER PAID HAVE BEEN DESTROYED PURSUANT TO LAW AND HE HAS NOT SUPPLIED ANY OTHER EVIDENCE OF NONPAYMENT. THE HONORABLE JIM MOODY: THIS IS IN RESPONSE TO YOUR LETTER OF JANUARY 9. WHILE HE WAS SERVING IN THE UNITED STATES ARMY. GRUNDT MAY NOW OBTAIN PAYMENT OF HIS CLAIM BASED ON OUR DETERMINATION IN 1952 THAT THE CLAIM WAS VALID. AS YOU HAVE NOTED. THAT THE GENERAL ACCOUNTING OFFICE'S FILES CONCERNING HIS CLAIM CONTAINED OUR LEGAL DETERMINATION IN 1952 THAT HE WAS ENTITLED TO ACTIVE DUTY PAY. GRUNDT'S CLAIM ALSO HAVE BEEN DESTROYED PURSUANT TO THE RECORDS DISPOSAL LAW.
B-107211, MAR 17, 1987, OFFICE OF GENERAL COUNSEL
DIGEST: FORMER ARMY MEMBER REQUESTS PAYMENT OF ACTIVE DUTY PAY FROM OCTOBER 1, 1944, TO OCTOBER 25, 1945, BASED ON OUR LEGAL DETERMINATION IN 1952 THAT HE WAS ENTITLED TO SUCH PAY. WE ADVISE THE INTERESTED CONGRESSMAN THAT THE FORMER MEMBER HAS NOT DEMONSTRATED HIS ENTITLEMENT TO PAYMENT, BECAUSE GOVERNMENT RECORDS WHICH WOULD VERIFY THAT HIS CLAIM WAS NEVER PAID HAVE BEEN DESTROYED PURSUANT TO LAW AND HE HAS NOT SUPPLIED ANY OTHER EVIDENCE OF NONPAYMENT.
THE HONORABLE JIM MOODY:
THIS IS IN RESPONSE TO YOUR LETTER OF JANUARY 9, 1987, REQUESTING OUR ADVICE CONCERNING MR. EDWARD L. GRUNDT'S CLAIM FOR ACTIVE DUTY PAY DURING THE PERIOD OCTOBER 1, 1944, TO OCTOBER 25, 1945, WHILE HE WAS SERVING IN THE UNITED STATES ARMY. SPECIFICALLY, YOU ASK HOW MR. GRUNDT MAY NOW OBTAIN PAYMENT OF HIS CLAIM BASED ON OUR DETERMINATION IN 1952 THAT THE CLAIM WAS VALID.
AS YOU HAVE NOTED, WE PREVIOUSLY ADVISED MR. GRUNDT BY LETTER OF NOVEMBER 13, 1985, THAT THE GENERAL ACCOUNTING OFFICE'S FILES CONCERNING HIS CLAIM CONTAINED OUR LEGAL DETERMINATION IN 1952 THAT HE WAS ENTITLED TO ACTIVE DUTY PAY. HOWEVER, WE INFORMED MR. GRUNDT THAT WE NO LONGER HAD ANY RECORDS EVIDENCING THE FINAL DISPOSITION OF HIS CLAIM BECAUSE THEY HAD BEEN DESTROYED PURSUANT TO THE LAW GOVERNING THE DISPOSAL OF OLD RECORDS. SEE 44 U.S.C. SECS. 3301-3324 (1982). WE ADVISED MR. GRUNDT THAT ABSENT THOSE RECORDS, WE HAD NO BASIS FOR TAKING FURTHER ACTION WITH RESPECT TO HIS CLAIM.
RECENTLY, WE CONTACTED THE ARMY'S FINANCE AND ACCOUNTING CENTER IN INDIANAPOLIS, INDIANA, IN ORDER TO ASCERTAIN WHETHER THAT OFFICE HAD ANY RECORDS WHICH WOULD INDICATE THE ACTIONS THE ARMY HAD TAKEN WITH RESPECT TO MR. GRUNDT'S CLAIM. THE FINANCE AND ACCOUNTING CENTER ADVISED US THAT ITS RECORDS CONCERNING MR. GRUNDT'S CLAIM ALSO HAVE BEEN DESTROYED PURSUANT TO THE RECORDS DISPOSAL LAW.
ACCORDING TO YOUR LETTER, MR. GRUNDT DOES NOT UNDERSTAND WHY THE ABSENCE OF GOVERNMENT RECORDS PRECLUDES PAYMENT OF HIS CLAIM SINCE OUR OFFICE PREVIOUSLY DETERMINED THAT HIS CLAIM WAS VALID. WE HAVE HELD, HOWEVER, THAT EVEN IF AN EMPLOYEE'S CLAIM HAS BEEN ESTABLISHED AS VALID, HE STILL HAS THE BURDEN OF PROVING THAT HIS CLAIM HAS NEVER BEEN PAID. SEE, E.G., MAJOR ROGER W. LODER, B-213498, MAY 14, 1984; B-189067, JUNE 15, 1977. ORDINARILY, THE EMPLOYEE'S BURDEN IS EASILY MET BECAUSE PROOF OF PAYMENT OR NONPAYMENT OF A CLAIM CAN BE FOUND IN GOVERNMENT RECORDS. HOWEVER, IF THESE RECORDS HAVE BEEN DESTROYED PURSUANT TO LAW, IT IS INCUMBENT UPON THE CLAIMANT TO FURNISH OTHER EVIDENCE PERMITTING VERIFICATION THAT THE CLAIM HAS NEVER BEEN SATISFIED. SINCE MR. GRUNDT HAS NOT FURNISHED ANY SUCH EVIDENCE, WE HAVE NO BASIS TO CONCLUDE THAT HE IS ENTITLED TO PAYMENT. SEE GENERALLY ALBERT J. KREITZER, B-190599, DECEMBER 7, 1977; TABLE TALK, INC., B-183803, JANUARY 14, 1976.
WE HOPE THAT THIS INFORMATION WILL ENABLE YOU TO RESPOND TO YOUR CONSTITUENT.