B-179942, JUL 9, 1974

B-179942, JUL 9, 1974

CLAIM FOR PROCEEDS OF CHECK ALLEGEDLY ISSUED IN FAVOR OF BUT NEVER RECEIVED BY CLAIMANT IS DENIED PURSUANT TO PARAGRAPH 10.1, TITLE 4 OF THE GENERAL ACCOUNTING OFFICE POLICY AND PROCEDURES MANUAL FOR GUIDANCE OF FEDERAL AGENCIES BECAUSE INFORMATION SUBMITTED WAS INSUFFICIENT TO ESTABLISH THE LIABILITY OF THE UNITED STATES AND THE CLAIMANT'S RIGHT TO PAYMENT.

MR. ARON DEMMER:

THIS ACTION IS A RECONSIDERATION OF A SETTLEMENT BY THE TRANSPORTATION AND CLAIMS DIVISION OF THIS OFFICE DATED AUGUST 27, 1973, IN THE CASE OF MR. ARON DEMMER. THIS SETTLEMENT DISALLOWED HIS CLAIM PURSUANT TO PARAGRAPH 10.1, TITLE 4 OF THE GENERAL ACCOUNTING OFFICE POLICY AND PROCEDURES MANUAL FOR GUIDANCE OF FEDERAL AGENCIES FOR THE PROCEEDS OF A CHECK OR CHECKS SUPPOSEDLY ISSUED IN FAVOR OF BUT NEVER RECEIVED BY HIM. THIS ACTION WAS TAKEN BECAUSE THE INFORMATION SUBMITTED IN SUPPORT OF THE CLAIM WAS NOT ONLY INSUFFICIENT TO ESTABLISH THE LIABILITY OF THE UNITED STATES AND THE CLAIMANT'S RIGHT TO PAYMENT, BUT ALSO FAILED TO IDENTIFY THE GENERAL PURPOSE FOR WHICH THE CHECKS IN QUESTION WERE SUPPOSEDLY ISSUED.

IN RESPONSE TO THAT SETTLEMENT, THE CLAIMANT CONTENDS THAT SOMETIME DURING 1952 OR 1953, WHILE A PATIENT IN KING'S COUNTY HOSPITAL, BROOKLYN, NEW YORK, A CHECK, ISSUED IN HIS FAVOR, WAS MAILED TO HIM AT HIS FORMER ADDRESS IN WARRENTION, GEORGIA, BUT WAS RETURNED TO SENDER INSTEAD OF BEING LEFT IN THE CUSTODY OF HIS GRANDMOTHER. ALSO, IN 1956, WHILE LIVING IN THE BRONX, NEW YORK, A CHECK MAILED TO HIS FORMER BROOKLYN ADDRESS WAS SIMILARLY RETURNED. IN THIS REGARD, THE CLAIMANT STATES THAT ALTHOUGH HE HAD FILED A CLAIM FOR DISABILITY BEFORE HE WAS DISCHARGED FROM THE ARMY AND AGAIN IN 1949 WHILE A PATIENT IN A HOSPITAL HE HAD NO KNOWLEDGE OF THE AMOUNT, SOURCE OR PURPOSE OF THE CHECK OR CHECKS ISSUED.

THE FILE IN MR. DEMMER'S CASE SHOWS THAT HE WAS INDUCTED INTO THE UNITED STATES ARMY ON OCTOBER 1, 1943, AT FORT BENNING, GEORGIA AND SERVED WITH THE 317TH ENGINEER BATTALION AT THE TIME OF HIS DISCHARGE ON DECEMBER 1, 1945, AT CAMP GORDON, GEORGIA. THE FILE FURTHER SHOWS THAT UPON RECEIPT OF MR. DEMMER'S INITIAL CLAIM, THE TRANSPORTATION AND CLAIMS DIVISION ATTEMPTED TO SECURE ADDITIONAL INFORMATION PERTAINING THERETO FROM THE CLAIMS DIVISION, UNITED STATES ARMY FINANCE SUPPORT AGENCY, INDIANAPOLIS, INDIANA. ON AUGUST 2, 1973, THE FOLLOWING REPORT WAS RECEIVED FROM THE UNITED STATES ARMY FINANCE SUPPORT AGENCY:

"WE ARE UNABLE TO OBTAIN SUFFICIENT INFORMATION FROM THE CLAIMANT TO IDENTIFY AND OR TO LOCATE THE CHECK OR CHECKS REFERRED TO IN THE ATTACHED CLAIM."

PARAGRAPH 10.1, TITLE 4 OF THE GENERAL ACCOUNTING OFFICE POLICY AND PROCEDURES MANUAL PROVIDES AS FOLLOWS:

"CLAIMS ARE SETTLED ON THE BASIS OF THE FACTS AS ESTABLISHED BY THE GOVERNMENT AGENCY CONCERNED AND BY EVIDENCE SUBMITTED BY THE CLAIMANT. SETTLEMENTS ARE FOUNDED ON A DETERMINATION OF THE LEGAL LIABILITY OF THE UNITED STATES UNDER THE FACTUAL SITUATION INVOLVED AS ESTABLISHED BY THE WRITTEN RECORD. THE BURDEN IS ON THE CLAIMANTS TO ESTABLISH THE LIABILITY OF THE UNITED STATES, AND THE CLAIMANTS' RIGHT TO PAYMENT. THE SETTLEMENT OF CLAIMS IS BASED UPON THE WRITTEN RECORD ONLY."

WHILE THE BURDEN OF PROOF AS TO THE VALIDITY OF A CLAIM AGAINST THE UNITED STATES, GENERALLY, IS ON THE PERSON ASSERTING SUCH CLAIM, INFORMATION AS TO ITS EXISTENCE IS USUALLY FOUND IN RECORDS MAINTAINED BY THE GOVERNMENT. HOWEVER, IN CASES WHERE THERE IS INSUFFICIENT INFORMATION GIVEN BY A CLAIMANT TO IDENTIFY AND ESTABLISH A CLAIM, THERE IS NO FURTHER ACTION THAT THIS OFFICE CAN TAKE IN THE MATTER.

ACCORDINGLY, THE ACTION TAKEN BY OUR TRANSPORTATION AND CLAIMS DIVISION IN THIS CASE, DATED AUGUST 27, 1973, IS SUSTAINED.