B-143187, SEP. 21, 1960
Highlights
YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED DECEMBER 3. WHEREIN THE SETTLEMENT ABOVE-MENTIONED WAS SUSTAINED. ALL PERTINENT FACTS CONCERNING THE ISSUE INVOLVED IN THIS CASE HAVE BEEN FULLY AND COMPLETELY SET FORTH IN THE CITED DECISIONS AND. THAT IS TO SAY. HE HAS THE BURDEN OF PROVING THAT A RIGHT TO PAYMENT ACCRUED TO HIM FOR WHICH THE GOVERNMENT IS CLEARLY LIABLE.
B-143187, SEP. 21, 1960
TO MR. LAWRENCE M. LEE
WE REFER TO YOUR LETTER OF AUGUST 30, 1960, REGARDING AN AMOUNT ALLEGED TO BE DUE FROM THE UNITED STATES GOVERNMENT TO REIMBURSE YOU FOR TRAVEL AND TRANSPORTATION EXPENSES INCURRED IN CONNECTION WITH YOUR APPOINTMENT AS A CIVILIAN EMPLOYEE WITH THE UNITED STATES FOREST SERVICE, DEPARTMENT OF AGRICULTURE, PORTLAND, OREGON.
YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED DECEMBER 3, 1959, PRINCIPALLY BECAUSE YOU REFUSED TO PERFORM THE DUTIES AND WORK ASSIGNMENTS DIRECTED AND REQUIRED BY YOUR SUPERIORS, NECESSITATING YOUR RELEASE FROM THE FEDERAL SERVICE PRIOR TO THE COMPLETION OF YOUR EMPLOYMENT AGREEMENT. MOREOVER, THE RECORD DISCLOSES THAT YOUR CLAIM HAS BEEN THE SUBJECT OF TWO DECISIONS OF OUR OFFICE, TO YOU, ONE DATED JULY 18, 1960, AND THE OTHER DATED AUGUST 26, 1960, B-143187, WHEREIN THE SETTLEMENT ABOVE-MENTIONED WAS SUSTAINED. ALL PERTINENT FACTS CONCERNING THE ISSUE INVOLVED IN THIS CASE HAVE BEEN FULLY AND COMPLETELY SET FORTH IN THE CITED DECISIONS AND, THEREFORE, A REITERATION OF THOSE FACTS AT THIS TIME WOULD BE NEEDLESS REPETITION AND WOULD APPEAR TO SERVE NO USEFUL PURPOSE.
AS YOU PROBABLY KNOW, THE CLAIMANT HAS THE BURDEN OF ESTABLISHING THE VALIDITY OF HIS CLAIM; THAT IS TO SAY, HE HAS THE BURDEN OF PROVING THAT A RIGHT TO PAYMENT ACCRUED TO HIM FOR WHICH THE GOVERNMENT IS CLEARLY LIABLE. INASMUCH AS YOUR RECENT LETTER SUPPLIES NO PERTINENT INFORMATION OR MATERIAL FACTS NOT HERETOFORE CONSIDERED, NO BASIS IS FOUND FOR ANY MODIFICATION OF THE PRIOR ..END :