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B-187523 1 (1976-11-09)

handle is hein.gao/gaobaddzj0001 and id is 1 raw text is: J. 1esn Mosher Mil.Pers. F It . THE COMP-rROL-ER GENERAL DECISION . Oa THM UJNITED STATES WASHINGTON. D.C. 20540 I rfit, FILE: B-187523 DATE: November 9, 1976 MATTER OF: Mr. Richard J. Knight DIGEST: Mhere Government records nlicessary to either justify or refute a claim have been destroyed pursuant to law, or become unavailable due to the lapse of time, and there is no other documenta- tion available from any source tc establish the liability of the United States, this Cffice has no alternative but to sustain the Claiws Division's disallowance of the claim, This action is in response to a letter dated September 4, 1976, from Mr. Richard J. Knight, concerning his claim in the amount of $300 for mustering-out pay incident to his service in the United States Army during the period of the Korean Conflict, Mr. Knigit has, in effect, requested a review of the settlement of our Claims Divi- sion, dated August 24, 1976, which disallowed that claim. The record shows that the nember rimely filed an application for mustering-out payment under the provisions of Title V of the Veterans Readjustment Assistance Act of 1952, approved July 16, 1952, ch. 875, 66 Stat. 663, 688. Apparently a check in the amount of $300 was issued payable to the member on voucher number 2729 by the Disbursing Division, United States Army Finance Center, accounts of 1. D. Lloyd, Lieutenant Colr'nel, symbol number 215-142. The application form shows that check was to be mailed to the member at Route 14, Box 110, Pensacola, FloridE. The member contends that he never received or negotiated that check and that no other person did so on his beYalf. An a reault, it is his view that the claim h'3 is now making establishes the fact that he has never received the payment. In support of that view, he argues that an unfavorable dcterminatici in suct, circumstances should only be made when a claimant has doubts or cannot adequately establish eligibility for payment.

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