B-166070, JUN. 12, 1970

B-166070: Jun 12, 1970

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REQUESTED REFUND OF $50.31 REPRESENTING THE COST OF MEALS WHICH YOU SAY WERE EATEN BY YOU IN THE BASE MESS HALL DURING THE PERIODS NOVEMBER 28. YOU INDICATE THAT YOU WERE CHARGED AT THE RATE OF $1.17 PER DAY FOR SUCH MEALS. WE HAVE ON SEVERAL OCCASIONS EXPLAINED TO YOU THAT SINCE YOU WERE ENTITLED TO RATIONS IN KIND WITHOUT CHARGE SUBSEQUENT TO NOVEMBER 27. WE WOULD CONSIDER A CLAIM FOR REFUND OF THE AMOUNTS YOU WERE CHARGED FOR ANY MEALS YOU ATE IN THE BASE DINING HALL IF YOU CAN ESTABLISH THE NUMBER OF MEALS YOU ATE THERE AND THE AMOUNTS YOU PAID FOR THOSE MEALS. YOUR STATEMENT AS TO REFUNDS DUE YOU FOR MEALS EATEN AT THE BASE DINING HALL BUT WHICH SHOULD NOT HAVE BEEN CHARGED FOR IS UNSUPPORTED BY ANY EVIDENCE OF THE AMOUNTS YOU PAID OR THE EXACT NUMBER OF MEALS EATEN BY YOU.

B-166070, JUN. 12, 1970

TO MR. RASHIDUL Z. CHOUDHRY:

YOUR LETTER DATED MAY 13, 1970, REQUESTED REFUND OF $50.31 REPRESENTING THE COST OF MEALS WHICH YOU SAY WERE EATEN BY YOU IN THE BASE MESS HALL DURING THE PERIODS NOVEMBER 28, 1966, TO JANUARY 3, 1967, AND JANUARY 16, 1967, TO JANUARY 22, 1967. YOU INDICATE THAT YOU WERE CHARGED AT THE RATE OF $1.17 PER DAY FOR SUCH MEALS.

WE HAVE ON SEVERAL OCCASIONS EXPLAINED TO YOU THAT SINCE YOU WERE ENTITLED TO RATIONS IN KIND WITHOUT CHARGE SUBSEQUENT TO NOVEMBER 27, 1966, WE WOULD CONSIDER A CLAIM FOR REFUND OF THE AMOUNTS YOU WERE CHARGED FOR ANY MEALS YOU ATE IN THE BASE DINING HALL IF YOU CAN ESTABLISH THE NUMBER OF MEALS YOU ATE THERE AND THE AMOUNTS YOU PAID FOR THOSE MEALS. YOUR STATEMENT AS TO REFUNDS DUE YOU FOR MEALS EATEN AT THE BASE DINING HALL BUT WHICH SHOULD NOT HAVE BEEN CHARGED FOR IS UNSUPPORTED BY ANY EVIDENCE OF THE AMOUNTS YOU PAID OR THE EXACT NUMBER OF MEALS EATEN BY YOU. IT IS NOTED THAT YOU SAY WE MAY VERIFY THIS MATTER BY CHECKING THE APPROPRIATE ROSTERS WHICH WERE KEPT AT THE DINING HALLS AT THE TIME.

THE BURDEN IS ON CLAIMANTS TO PROVE THEIR CLAIMS AND ALL MATTERS INCIDENTAL THERETO REQUISITE TO ESTABLISHING THE CLEAR LEGAL LIABILITY OF THE UNITED STATES AND THE CLAIMANT'S RIGHT TO PAYMENT. THIS OFFICE HAS NO DUTY TO PERFECT A CLAIMANT'S CLAIM. ACCORDINGLY, IN THE ABSENCE OF EVIDENCE FROM AN OFFICIAL SOURCE SHOWING THE AMOUNTS YOU WERE CHARGED FOR MEALS WHICH SHOULD HAVE BEEN FURNISHED FREE OF CHARGE, YOUR SELF-SERVING DECLARATION OF THE AMOUNT SO PAID AFFORDS NO BASIS FOR FAVORABLE CONSIDERATION OF YOUR CLAIM.

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