B-91705, APR. 21, 1961

B-91705, APR. 21, 1961

TO MR. JAMES B. TROUTON, JR.:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 14, 1961, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF NOVEMBER 22, 1949, WHICH DISALLOWED YOUR CLAIM FOR MONETARY ALLOWANCE IN LIEU OF SUBSISTENCE AND QUARTERS FOR TRAVEL DURING THE PERIODS MARCH 6 TO 10 AND MARCH 13 TO 21, 1945, WHILE SERVING AS PRIVATE FIRST CLASS, ARMY OF THE UNITED STATES.

YOUR CLAIM WAS PRESENTED ON THE BASIS OF DUTY ALLEGED TO HAVE BEEN PERFORMED INCIDENT TO ORDERS DATED MARCH 15, 1945, CONFIRMING VERBAL ORDERS OF MARCH 6, 1945, AND ORDERS DATED MARCH 17, 1945, CONFIRMING VERBAL ORDERS OF MARCH 13, 1945. YOUR CLAIM WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE IN THE ABSENCE OF INFORMATION SHOWING THE TIME OF DEPARTURE FROM AND ARRIVAL AT THE PLACES LISTED ON YOUR ITINERARY OF TRAVEL AND INFORMATION AS TO THE GOVERNMENT QUARTERS AND MEALS FURNISHED YOU DURING THE PERIODS INVOLVED. IN YOUR LETTER RECEIVED NOVEMBER 28, 1949, YOU STATED THAT PAPERS WITH THE COMPLETE DATA WERE TURNED IN AT THE FINANCE OFFICE AT MIAMI BEACH, FLORIDA, AND WERE SENT BACK TO CHINA FOR THE COMMANDING OFFICER'S SIGNATURE. SINCE YOUR RESPONSE INDICATED THAT FURTHER CONSIDERATION OF THE CLAIM WAS DESIRED, YOU WERE ADVISED BY CLAIMS DIVISION LETTER OF DECEMBER 20, 1949, THAT EVERY EFFORT WAS BEING MADE TO DISPOSE OF THE MATTER AS PROMPTLY AS POSSIBLE. IN YOUR PRESENT LETTER YOU SAY YOU HAVE HEARD NOTHING FROM THIS OFFICE SINCE THAT LETTER.

BY LETTER B-91705, DATED JANUARY 27, 1950, COPY ENCLOSED, YOU WERE ADVISED THAT SINCE YOUR CLAIM COVERED TWO PERIODS OF TRAVEL FROM CHING CHING, CHINA, TO CHUNGKING, CHINA, AND RETURN IN MARCH 1945, WHEREAS THE ORDERS DID NOT DIRECT TRAVEL BETWEEN THOSE POINTS BUT DIRECTED TRAVEL FROM APO 210 (CHENGTU, CHINA) TO KWANGYUAN, CHINA, AND RETURN, AND FROM APO 210 TO NEICHIANG, CHINA, AND RETURN, RESPECTIVELY, FURTHER ACTION ON YOUR CLAIM WOULD BE HELD IN ABEYANCE PENDING RECEIPT OF YOUR EXPLANATION OF THAT DISCREPANCY. YOU WERE FURTHER ADVISED THAT IF AN EXPLANATION WAS CONTAINED IN THE PAPERS WHICH YOU STATE WERE TURNED IN AT THE FINANCE OFFICE, MIAMI BEACH, FLORIDA, AND SENT BACK TO CHINA FOR THE SIGNATURE OF YOUR COMMANDING OFFICER, SUCH PAPERS WERE NOT AMONG THOSE FORWARDED TO THIS OFFICE BY THE DEPARTMENT OF THE ARMY AND IT IS PRESUMED THAT THEY HAVE BEEN LOST. ON MARCH 3, 1950, WE RECEIVED A LETTER PRESUMABLY WRITTEN IN YOUR BEHALF STATING IN PART "JUST CLOSE THE CLAIM ANY WAY YOU WISH - HE CAN-T VERIFY THE TOWNS AND THE ARMY HAS LOST THE ACTUAL PAPERS WHICH WOULD PROVE HE'S RIGHT.' IN VIEW OF THAT LETTER AND SINCE THE INFORMATION REQUIRED TO SUPPORT YOUR CLAIM HAD NOT BEEN FURNISHED, IT WAS BELIEVED YOU HAD ABANDONED THE CLAIM.

IN SUCH CIRCUMSTANCES AND SINCE YOUR PRESENT LETTER DOES NOT FURNISH THE EVIDENCE HERETOFORE INDICATED TO BE NECESSARY FOR FAVORABLE CONSIDERATION OF YOUR CLAIM AND AS SUCH EVIDENCE OTHERWISE IS NOT AVAILABLE TO US, THERE IS NO BASIS ON WHICH THE CLAIM MAY BE ALLOWED. ACCORDINGLY, THE SETTLEMENT OF NOVEMBER 22, 1949, MUST BE SUSTAINED.