B-132438, JUL. 18, 1957
Highlights
LIAO YIAN: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 28. 180.00 PESOS FOR VEGETABLES ALLEGED TO HAVE BEEN DELIVERED ON DECEMBER 5. YOUR CLAIM ORIGINALLY WAS TRANSMITTED TO THIS OFFICE BY THE DEPARTMENT OF THE NAVY FOR SETTLEMENT UNDER DATE OF FEBRUARY 17. THE CLAIM WAS DISALLOWED FOR REASONS SET OUT THEREIN AS FOLLOWS: "YOU ALLEGE THAT ON DECEMBER 5. 180.00 PESOS AND THAT THE RECEIPT THEREFOR WAS LOST DURING BOMBING BY THE JAPANESE. (2) TO WHAT DULY AUTHORIZED PERSONNEL DELIVERIES WERE ALLEGEDLY MADE. (3) THE SPECIFIC PURCHASE ORDERS AND/OR CONTRACTS UNDER WHICH THE ITEMS WERE ALLEGEDLY FURNISHED. OR THAT THE ITEMS WERE ACTUALLY DELIVERED.'. ADDITIONAL COPIES OF THE SETTLEMENT WERE SENT TO YOU AT YOUR REQUEST.
B-132438, JUL. 18, 1957
TO MR. LIAO YIAN:
REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 28, 1957, TO THE PRESIDENT OF THE UNITED STATES, WITH ITS ENCLOSURES, TRANSMITTED HERE BY THE DEPARTMENT OF THE NAVY FOR DISPOSITION, RELATIVE TO YOUR CLAIM IN THE AMOUNT OF 1,180.00 PESOS FOR VEGETABLES ALLEGED TO HAVE BEEN DELIVERED ON DECEMBER 5, 1941, TO THE NAVY COMMISSARY AT CAVITE, PHILIPPINE ISLANDS.
YOUR CLAIM ORIGINALLY WAS TRANSMITTED TO THIS OFFICE BY THE DEPARTMENT OF THE NAVY FOR SETTLEMENT UNDER DATE OF FEBRUARY 17, 1948. BY SETTLEMENT DATED MARCH 25, 1948, ADDRESSED TO YOU, THE CLAIM WAS DISALLOWED FOR REASONS SET OUT THEREIN AS FOLLOWS:
"YOU ALLEGE THAT ON DECEMBER 5, 1941, UPON INSTRUCTIONS FROM COMMANDER SUMNER CHARLES CHEEVER, USN, YOU SOLD AND DELIVERED TO THE CAVITE NAVY YARD COMMISSARY VEGETABLES VALUED AT 1,180.00 PESOS AND THAT THE RECEIPT THEREFOR WAS LOST DURING BOMBING BY THE JAPANESE.
"THE EVIDENCE OF RECORD FAILS TO ESTABLISH (1) THE SPECIFIC ITEMS, QUANTITIES, AND UNIT PRICES INVOLVED; (2) TO WHAT DULY AUTHORIZED PERSONNEL DELIVERIES WERE ALLEGEDLY MADE; (3) THE SPECIFIC PURCHASE ORDERS AND/OR CONTRACTS UNDER WHICH THE ITEMS WERE ALLEGEDLY FURNISHED, OR THAT THE ITEMS WERE ACTUALLY DELIVERED.'
BY LETTERS DATED AUGUST 13, 1948, AND FEBRUARY 5, 1951, ADDITIONAL COPIES OF THE SETTLEMENT WERE SENT TO YOU AT YOUR REQUEST.
THE RECEIPTS TRANSMITTED WITH YOUR LETTER OF FEBRUARY 28, 1957, RELATE TO CLOTHING, ETC., WHICH MAY HAVE BEEN FURNISHED BY YOU TO NAVY PERSONNEL. INSOFAR AS THESE RECEIPTS ARE DATED, THEY COVER A PERIOD FROM NOVEMBER 30, 1939, TO OCTOBER 8, 1941. THEREFORE, THEY ARE OF NO HELP IN THE CONSIDERATION OF YOUR CLAIM BASED ON THE SALE OF VEGETABLES ON DECEMBER 5, 1941. IT IS A LONG-ESTABLISHED RULE WHICH HAS BEEN FOLLOWED UNIFORMLY BY THE ACCOUNTING OFFICERS OF THE GOVERNMENT THAT CLAIMS AGAINST THE UNITED STATES MAY NOT BE ALLOWED ON MERE ALLEGATIONS OF CLAIMANTS UNSUPPORTED BY OFFICIAL RECORDS AND NOT CORROBORATED BY OTHER SATISFACTORY EVIDENCE. SINCE THE RECORD IN THIS MATTER CONTAINS NO EVIDENCE SUPPORTING YOUR CLAIM OTHER THAN YOUR OWN STATEMENTS, THERE IS NO BASIS FOR ALLOWANCE OF THE CLAIM OR ANY PART THEREOF. ACCORDINGLY, THE SETTLEMENT OF MARCH 25, 1948, MUST BE, AND HEREBY IS SUSTAINED.