B-160795, APR. 4, 1968

B-160795, APR. 4, 1968

TO SERGEANT FIRST CLASS DWIGHT L. WELLS, RA:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 4, 1967, AND SUBSEQUENT LETTERS REQUESTING RECONSIDERATION OF OUR DECISION OF MARCH 10, 1967, B-160795, IN WHICH WE SUSTAINED THE SETTLEMENT DATED JANUARY 9, 1967, WHICH DISALLOWED YOUR CLAIM FOR FAMILY SEPARATION ALLOWANCE FOR THE PERIOD FROM OCTOBER 1, 1963, TO AUGUST 1, 1965.

IN YOUR CLAIM YOU STATED THAT INCIDENT TO ORDERS OF AUGUST 2, 1963, WHICH DIRECTED A PERMANENT CHANGE OF STATION TO OVERSEAS DUTY, YOU APPLIED FOR FAMILY SEPARATION ALLOWANCE ON OCTOBER 10, 1963, BASED ON A STATEMENT YOU MADE AT FORT LEONARD WOOD, MISSOURI, THAT YOUR TOUR WOULD BE UNACCOMPANIED. YOU STATED FURTHER THAT YOU SIGNED THE "ALL OTHERS TOUR" STATEMENT SOMETIME IN APRIL 1964, WHILE ON DUTY WITH THE 3D ARMORED DIVISION IN GERMANY AND THAT IT WAS IN YOUR 201 FILE AT THE TIME YOU INITIATED YOUR CLAIM ON SEPTEMBER 9, 1965. HOWEVER, YOU INDICATED THAT THIS STATEMENT TOGETHER WITH THE STATEMENT YOU SIGNED AT FORT LEONARD WOOD WAS LOST WHILE THE CLAIM WAS BEING PROCESSED AT FORT DIX, NEW JERSEY.

IN OUR DECISION OF MARCH 10, 1967, WE ADVISED YOU THAT NO DOCUMENTS IN SUPPORT OF YOUR STATEMENTS HAD BEEN LOCATED AND THAT THERE WAS NO EVIDENCE OF A CLAIM PRESENTED BY YOU IN THE MATTER PRIOR TO MARCH 1, 1966. THEREFORE HELD THAT IN THE ABSENCE OF DOCUMENTARY EVIDENCE IN SUPPORT OF YOUR CLAIM SHOWING THAT YOUR DEPENDENTS WERE NOT PERMITTED TO JOIN YOU IN GERMANY, THERE WAS NO BASIS UPON WHICH IT COULD BE ALLOWED.

WITH YOUR LETTER OF AUGUST 4, 1967, YOU TRANSMITTED A SWORN STATEMENT BY A FORMER MEMBER, PETER HOERMANN, WHO STATED HE WAS THE COMPANY CLERK OF THE COMPANY IN APRIL 1963 (1964) WHEN YOU SIGNED THE "ALL OTHERS TOUR" STATEMENT, WHICH WAS THEN TRANSMITTED TO THE ENLISTED PERSONNEL SECTION, HEADQUARTERS 3D ARMORED DIVISION, FRANKFURT, GERMANY. YOU REQUESTED THAT YOUR CLAIM BE REVIEWED IN THE LIGHT OF THE EVIDENCE YOU SENT.

BY LETTER DATED SEPTEMBER 14, 1967, WE FORWARDED TO THE CHIEF, CLAIMS DIVISION, FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, A COPY OF MR. HOERMANN'S STATEMENT AS WELL AS COPIES OF OTHER PERTINENT PAPERS IN OUR FILE AND REQUESTED A REEXAMINATION OF THE PERTINENT RECORDS FOR THE PERIOD YOU WERE AT THE OVERSEAS STATION AND ALSO WHILE YOU WERE AT FORT DIX, NEW JERSEY, FOR ANY DOCUMENTARY EVIDENCE CONCERNING THE MATTER.

IN THE LETTER OF SEPTEMBER 14, 1967, WE POINTED OUT THAT PART I, PARAGRAPH F, OF DEPARTMENT OF THE ARMY MESSAGE 960038, MARCH 18, 1964, RELATIVE TO PAYMENT OF FAMILY SEPARATION ALLOWANCE, PROVIDED IN PERTINENT PART WITH RESPECT TO MEMBERS SERVING OVERSEAS ON THE EFFECTIVE DATE OF IMPLEMENTING SERVICE REGULATIONS ISSUED PURSUANT TO THAT MEMORANDUM, THAT:

"IF THE -ALL OTHERS' TOUR IS SELECTED, THE MEMBER WILL BE ISSUED A CERTIFICATE DENYING HIM AUTHORIZATION FOR TRANSPORTATION OF DEPENDENTS TO HIS OVERSEAS STATION EFFECTIVE 1 OCTOBER 1963, OR SUCH LATER DATE, AS APPROPRIATE.' IN VIEW OF THESE PROVISIONS, WE REQUESTED THAT THE ADMINISTRATIVE REPORT INCLUDE INFORMATION AS TO WHETHER THE RECORDS SHOW THAT SUCH A CERTIFICATE WAS ISSUED TO YOU WHILE YOU WERE SERVING OVERSEAS.

WE HAVE NOW RECEIVED A REPORT FROM THE CLAIMS DIVISION, FINANCE CENTER, U.S. ARMY, INDICATING THAT A FURTHER EXAMINATION OF AVAILABLE RECORDS WAS MADE IN RESPONSE TO OUR REQUEST. IT IS REPORTED THAT NO RECORDS WERE FOUND ON FILE WHICH SUBSTANTIATE YOUR CLAIM.

THIS OFFICE MAY NOT AUTHORIZE THE PAYMENT OF CLAIMS AGAINST THE GOVERNMENT WHICH ARE BASED SOLELY ON STATEMENTS SUBMITTED BY A CLAIMANT AND ARE NOT SUPPORTED OR CORROBORATED IN SOME MANNER BY GOVERNMENT RECORDS. WE MUST ACCEPT THE REPORT OF THE ADMINISTRATIVE OFFICERS AS TO THE LACK OF RECORDS TO SUBSTANTIATE YOUR CLAIM IN THE ABSENCE OF EVIDENCE SUFFICIENT TO OVERCOME THE PRESUMPTION OF THE CORRECTNESS OF SUCH REPORT. THE SWORN STATEMENT BY MR. HOERMANN, EXECUTED MORE THAN 3 YEARS AFTER THE TIME IT IS ALLEGED THAT YOU SIGNED THE "ALL OTHERS TOUR" FORM, MAY NOT BE ACCEPTED AS PROVIDING A SUFFICIENT BASIS TO ALLOW YOUR CLAIM AND SICE NO EVIDENCE SUBSTANTIATING YOUR STATEMENTS IS CONTAINED IN THE OFFICIAL RECORDS, WE HAVE NO CHOICE OTHER THAN TO AFFIRM OUR DECISION OF MARCH 10, 1967.