B-127071, MAR. 26, 1956

B-127071, MAR. 26, 1956

TO CORPORAL EVERETT C. CARTER, RA-53,157,576:

REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 6, 1956, EXPRESSING DISSATISFACTION WITH SETTLEMENT DATED NOVEMBER 21, 1955, WHICH DISALLOWED YOUR CLAIM FOR PAY AND ALLOWANCES DUE YOU ON AUGUST 31, 1953, AS PRIVATE FIRST CLASS, REGULAR ARMY, SERVICE NO. RA 53,157,576. YOU ALLEGE THAT YOU NEVER RECEIVED THE PAY IN QUESTION, AND YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT YOUR WITNESSED SIGNATURE ON THE PAYROLL INDICATED THAT PAYMENT HAD BEEN MADE TO YOU.

VOUCHER NO. 1302 IN THE SEPTEMBER 1953 ACCOUNTS OF LIEUTENANT COLONEL C. L. DUFF, FC, SYMBOL NO. 215-265--- THE PAYROLL FOR THE 17TH INFANTRY REGIMENT FOR THE PERIOD ENDED AUGUST 31, 1953--- SHOWS THAT YOU WERE PAID IN CASH IN THE AMOUNT OF $119 AND THAT THE SIGNATURE "EVERETT C. CARTER" ACKNOWLEDGES THE RECEIPT THEREOF. THAT PAYROLL CONTAINS CERTIFICATES THAT ALL PAYMENTS MADE THEREON WERE WITNESSED AND THAT PAYMENTS WERE MADE, AFTER PROPER IDENTIFICATION, TO THE INDIVIDUALS LISTED. IN ACCORDANCE WITH ARMY REGULATIONS, THE DISBURSING OFFICER HAS TAKEN CREDIT IN HIS ACCOUNT FOR ALL PAYMENTS MADE ON THE ROLL.

IT IS WELL ESTABLISHED THAT WHERE THE PAY RECORDS CONTAIN THE SIGNATURE OF A PAYEE AS HAVING BEEN PAID, THE RECORDS MUST BE ACCEPTED AS CORRECT IN THE ABSENCE OF CONCLUSIVE EVIDENCE TO THE CONTRARY. 7 COMP. DEC. 761. THE SIGNATURE WITH REGARD TO THE PAYMENT IN QUESTION APPEARS SIMILAR TO YOUR KNOWN SIGNATURES AND, IN THE ABSENCE OF CONCLUSIVE EVIDENCE OTHERWISE, THERE IS NO BASIS FOR ALLOWANCE OF YOUR CLAIM.

ON THE PRESENT RECORD, THE DISALLOWANCE OF YOUR CLAIM BY THE SETTLEMENT OF NOVEMBER 21, 1955, MUST BE SUSTAINED.