B-157072, OCT. 25, 1966

B-157072, OCT. 25, 1966

TO MR. LESTER E. DENNIS:

REFERENCE IS MADE TO YOUR LETTER DATED MAY (SEPTEMBER) 20, 1966, IN WHICH YOU AGAIN MAKE CLAIM FOR PAY INCIDENT TO YOUR SERVICE IN THE ARMY FROM MARCH 25, 1944, TO MARCH 31, 1946, AND FROM JUNE 22, 1948, TO FEBRUARY 1, 1952.

IN OUR DECISION OF DECEMBER 13, 1965, B-157072, WE CAREFULLY REVIEWED YOUR PAY ACCOUNT FOR THE PERIOD MARCH 1, 1945, THROUGH MARCH 31, 1946, AND FOUND THAT YOU HAD NOT BEEN PAID CERTAIN CREDITS AMOUNTING TO $493.15, WHICH SUM HAS BEEN PAID TO YOU. WE RECONSIDERED THE MATTER IN OUR DECISION OF AUGUST 19, 1966, B-157072, AND IN ADDITION TO FURNISHING YOU PERTINENT COPIES OF YOUR RECORDS WE SUMMARIZED THE INFORMATION CONTAINED IN YOUR PAY RECORDS FOR THE PERIOD JULY 1, 1951, TO FEBRUARY 1, 1952, IN ORDER THAT YOU MIGHT BETTER UNDERSTAND THAT YOU HAVE BEEN PAID ALL THE PAY AND ALLOWANCES TO WHICH YOU WERE ENTITLED INCIDENT TO YOUR SERVICE. HOWEVER, YOU STILL SAY THAT YOU NEVER RECEIVED THE $50 IN CASH AND CHECK NO. 474352, FOR $236.62, PAID ON VOUCHER NO. 41652, MARCH 1946 ACCOUNTS OF Q. A. PEARSON, DESPITE THE FACT THAT YOU SIGNED THE VOUCHER SHOWING PAYMENT OF THOSE AMOUNTS, THUS ACKNOWLEDGING RECEIPT OF PAYMENT. YOU ALSO DENY RECEIPT OF THE CASH AND CHECK PAYMENTS IN THE AMOUNT OF $345.35 SHOWN ON YOUR PAY RECORDS TO HAVE BEEN MADE DURING THE PERIOD FROM JULY 1, 1951, TO FEBRUARY 1, 1952. YOU FURTHER ASK WHY YOU WERE NOT INFORMED OF THE SETOFF OF $60 OVERDEDUCTED FOR COURT-MARTIAL FORFEITURE, AGAINST YOUR INDEBTEDNESS TO THE VETERANS ADMINISTRATION.

IN REGARD TO CLAIMS AGAINST THE GOVERNMENT, THE BURDEN IS UPON THE CLAIMANT TO SHOW THAT HE IS ENTITLED TO THE AMOUNT CLAIMED. YOUR RECENT LETTER PROVIDES NO BASIS FOR QUESTIONING THE ACCURACY OF YOUR PAY RECORDS- -- COPIES OF THE PERTINENT PARTS OF WHICH HAVE BEEN FURNISHED TO YOU--- WHICH SHOW PAYMENT OF THE FULL AMOUNTS DUE YOU. A CLAIM BASED ON A MERE DENIAL OF RECEIPT OF AMOUNTS WHICH ARE CLEARLY SHOWN BY OFFICIAL GOVERNMENT RECORDS TO HAVE BEEN PAID CURRENTLY, MADE LONG AFTER THE SERVICE WAS RENDERED AND PAYMENT PRESUMED TO HAVE BEEN RECEIVED BY THE PARTY ENTITLED, IS OF TOO DOUBTFUL LEGALITY TO SUPPORT THE PAYMENT FROM PUBLIC FUNDS OF THE AMOUNTS CLAIMED. IT HAS BEEN THE LONG-STANDING RULE OF THE COURTS THAT DOUBTFUL CLAIMS AGAINST THE GOVERNMENT SHOULD BE DISALLOWED BY THE ACCOUNTING OFFICERS AND THE CLAIMANTS LEFT TO THEIR REMEDY IN THE COURTS. SEE LONGWILL V. UNITED STATES, 17 CT.CL. 288 (1881), AND CHARLES V. UNITED STATES, 19 CT.CL. 316, (1884).

AS TO YOUR QUESTION REGARDING NOTICE OF THE ALLOWANCE AND SETOFF OF THE AMOUNT OF $60 AGAINST YOUR DEBT TO THE VETERANS ADMINISTRATION, YOU ARE ADVISED THAT SUCH ACTION WAS TAKEN BY SETTLEMENT DATED SEPTEMBER 28, 1953, AND THAT YOU WERE ADVISED OF THAT ACTION BY LETTER OF OCTOBER 6, 1953, ADDRESSED TO YOU AT 303 WEST SEVENTH STREET, WILMINGTON, DELAWARE. SINCE THAT LETTER WAS RETURNED TO US BY THE POST OFFICE DEPARTMENT BECAUSE YOU WERE "NOT KNOWN" AT THAT ADDRESS, THE MATTER WAS FULLY EXPLAINED TO YOU IN OUR DECISION OF DECEMBER 13, 1965, RECEIPT OF WHICH YOU ACKNOWLEDGED IN YOUR LETTER OF DECEMBER 16, 1965.

WE AGREE WITH YOU THAT FURTHER CORRESPONDENCE IN THIS MATTER WOULD SERVE NO USEFUL PURPOSE. ANY LETTERS RECEIVED FROM YOU IN THE FUTURE WHICH CONTAIN NO NEW AND RELEVANT INFORMATION RELATING ..END :