B-124753, OCT 10, 1955

B-124753, OCT 10, 1955

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL MELVIN H. ROSEN:

REFERENCE IS MADE TO YOUR LETTER OF MAY 28, 1955, FURTHER CONCERNING YOUR CLAIM FOR PER DIEM ALLOWANCE AT THE RATE OF $3 BELIEVED TO BE DUE YOU, IN ADDITION TO PER DIEM ALLOWANCE AT THE RATE OF $1 ALREADY RECEIVED, FROM JANUARY 4 TO MARCH 17 AND FROM MARCH 27 TO 30, 1950, WHILE YOU WERE ON TEMPORARY DUTY, ATTENDING THE PROCUREMENT COURSE AT THE QUARTERMASTER SCHOOL AT FORT LEE, VIRGINIA, UNDER LETTER ORDER (AGPA-UT 201), DEPARTMENT OF THE ARMY, OFFICE OF THE ADJUTANT GENERAL, WASHINGTON, D. C., DATED DECEMBER 12, 1949.

YOUR CLAIM WAS DISALLOWED BY OUR SETTLEMENT OF MAY 25, 1955, FOR THE REASON THAT IT WAS REPORTED TO OUR OFFICE BY THE DEPARTMENT OF THE ARMY THAT GOVERNMENT QUARTERS AND GOVERNMENT MESS - DESIGNATED AS "CONSOLIDATED TYPE FIELD RATION MESS" - WERE AVAILABLE TO YOU AT FORT LEE DURING THE PERIOD INVOLVED. HENCE, UNDER THE APPLICABLE REGULATIONS A PER DIEM ALLOWANCE AT THE RATE OF $1 WAS PROPERLY PAYABLE. IT APPEARS THAT YOU HAD NOT RECEIVED THE SETTLEMENT OF MAY 25, 1955, WHEN YOUR LETTER OF MAY 28, 1955, WAS WRITTEN.

YOU REITERATE YOUR STATEMENT THAT ONLY THE OFFICERS' CLUB AT FORT LEE WAS AVAILABLE TO STUDENT OFFICERS FOR MEALS DURING THE PERIOD INVOLVED, AND THAT WHILE IT IS TRUE THAT YOU SIGNED THE REQUIRED CERTIFICATE (NOW ATTACHED TO VOUCHER NO. 10208, APRIL 1950 ACCOUNTS OF A. A. STIEFER, COVERING THE PAYMENT MADE FOR THE PERIOD INVOLVED) THAT GOVERNMENT MESS WAS AVAILABLE, THIS WAS DONE, AS YOU HAVE PREVIOUSLY POINTED OUT, BECAUSE YOU WERE TOLD BY COLONEL STUBBLEBINE, THEN THE COMMANDANT AT THE QUARTERMASTER SCHOOL, THAT THE OFFICERS' CLUB WAS CONSIDERED TO BE A GOVERNMENT MESS FOR THE PURPOSE OF PER DIEM.

YOUR PRESENT STATEMENT THAT A GOVERNMENT MESS WAS NOT AVAILABLE TO YOU DURING THE PERIOD INVOLVED IS DIRECTLY CONTRARY TO THE EVIDENCE FURNISHED BY YOU WHEN PAYMENT WAS MADE TO YOU. ALSO, IT IS INCONSISTENT WITH THE OFFICIAL ADMINISTRATIVE REPORT TO THIS OFFICE CONCERNING YOUR CLAIM. SUCH CIRCUMSTANCES THE ESTABLISHED RULE OF THE ACCOUNTING OFFICERS IS TO ACCEPT THE STATEMENT OF FACTS FURNISHED BY THE ADMINISTRATIVE OFFICERS, IN THE ABSENCE OF CONVINCING EVIDENCE TO THE CONTRARY. 16 COMP. GEN. 325; 19 ID. 88. AFFIDAVITS BY PERSONS WHOSE INTERESTS ARE DIRECTLY INVOLVED, ALLEGING FACTS CONTRARY TO THOSE FURNISHED FROM ADMINISTRATIVE SOURCES, MAY NOT BE ACCEPTED AS PERSUASIVE UNLESS THEY ARE CORROBORATED FROM AN OFFICIAL SOURCE.

ON THE BASIS OF THE PRESENT RECORD, THE DISALLOWANCE OF YOUR CLAIM WAS PROPER AND, UPON REVIEW, IS SUSTAINED.