B-132236, AUG. 27, 1957
Highlights
ENCLOSED WITH THAT LETTER WAS A COPY OF A CERTIFICATE DATED DECEMBER 3. THE PERIOD COVERED BY THE PAYMENT OR WHO MADE SUCH PAYMENT IS NOT INDICATED. YOU PRESENT NOTHING IN ADDITION TO WHAT WAS BEFORE US WHEN YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED JUNE 11. THE RULE IS WELL SETTLED THAT CLAIMS AGAINST THE UNITED STATES MAY NOT BE ALLOWED ON THE MERE STATEMENT OF A CLAIMANT. THAT THE BURDEN IS UPON A CLAIMANT TO ESTABLISH HIS RIGHT TO RECEIVE THE AMOUNT CLAIMED. THAT OFFICE REPORTED IT WAS UNABLE TO LOCATE ANY INFORMATION WHICH WOULD SUBSTANTIATE OR REFUTE YOUR CLAIM. WE ARE WITHOUT AUTHORITY TO ALLOW YOUR CLAIM.
B-132236, AUG. 27, 1957
TO MR. MICHAL BODZINSKI:
CONSIDERATION HAS BEEN GIVEN TO A LETTER DATED MAY 13, 1957, WRITTEN IN YOUR BEHALF BY GOODMAN AND GOODMAN, BARRISTERS, SOLICITORS, ETC., REGARDING YOUR CLAIM FOR AN AMOUNT ALLEGED TO BE DUE FOR THE PERIOD FROM MAY 1, 1946, TO JUNE 15, 1946, WHILE STATIONED AT MANHEIM, GERMANY, AND FOR PENSION BASED ON YOUR SERVICE AS A FIRST LIEUTENANT, POLISH GUARD COMPANY, UNITED STATES ARMY IN THE AMERICAN ZONE IN GERMANY.
ENCLOSED WITH THAT LETTER WAS A COPY OF A CERTIFICATE DATED DECEMBER 3, 1946, AND SIGNED BY ROBERT A. RITTA, SECOND LIEUTENANT, INFANTRY, HEADED HEADQUARTERS, 1072 LABOR SUPERVISION COMPANY, 4200 LABOR SERVICE COMPANY, APO 168, WHICH INDICATES THAT YOU HAD NOT--- ON DECEMBER 3, 1946--- BEEN PAID FOR THE PERIOD FROM MAY 1, 1946, TO JUNE 15, 1946, AND THAT YOUR LAST PAY TOTALED 908 REICHSMARKS. THE PERIOD COVERED BY THE PAYMENT OR WHO MADE SUCH PAYMENT IS NOT INDICATED. YOU PRESENT NOTHING IN ADDITION TO WHAT WAS BEFORE US WHEN YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED JUNE 11, 1954.
THE RULE IS WELL SETTLED THAT CLAIMS AGAINST THE UNITED STATES MAY NOT BE ALLOWED ON THE MERE STATEMENT OF A CLAIMANT, NOT VERIFIED OR CORROBORATED BY GOVERNMENT RECORDS OR DOCUMENTARY EVIDENCE, AND THAT THE BURDEN IS UPON A CLAIMANT TO ESTABLISH HIS RIGHT TO RECEIVE THE AMOUNT CLAIMED.
WE REFERRED YOUR CLAIM TO THE DEPARTMENT OF THE ARMY FOR A REPORT. THAT OFFICE REPORTED IT WAS UNABLE TO LOCATE ANY INFORMATION WHICH WOULD SUBSTANTIATE OR REFUTE YOUR CLAIM. WE CONSTRUED THAT REPORT TO MEAN THAT THE DEPARTMENT OF THE ARMY HAS NOT BEEN ABLE TO LOCATE ANY RECORD OF ANY SERVICE PERFORMED BY YOU AND, HENCE, HAS NO RECORD THAT ANY PAY REMAINED UNPAID.
ACCORDINGLY, INASMUCH AS THE COPY OF THE CERTIFICATE WHICH YOU SUBMIT CANNOT BE CORROBORATED BY RECORDS OF THE GOVERNMENT, WE ARE WITHOUT AUTHORITY TO ALLOW YOUR CLAIM. THE DISALLOWANCE DATED JUNE 11, 1954, MUST BE SUSTAINED ON THAT BASIS.