B-193856 L/M, MAR 26, 1980
Highlights
USN: REFERENCE IS MADE TO YOUR CORRESPONDENCE APPEALING OUR DECISION B-193856. UPON FURTHER CONSIDERATION OF THE MATTER AND IN VIEW OF THE ADDITIONAL INFORMATION YOU HAVE PROVIDED. WE HAVE NOW DETERMINED THAT THERE WAS INSUFFICIENT BASIS TO ESTABLISH THAT YOUR SHIPMENT WAS OVERWEIGHT. WE HAVE ISSUED INSTRUCTIONS TODAY ALLOWING YOUR CLAIM FOR THE AMOUNT COLLECTED FROM YOU. YOU WILL RECEIVE A SETTLEMENT IN DUE COURSE. YOUR CLAIM FOR INTEREST MAY NOT BE ALLOWED SINCE PAYMENT OF INTEREST BY THE GOVERNMENT MAY NOT BE MADE EXCEPT WHEN INTEREST IS PROVIDED FOR IN LEGAL AND PROPER CONTRACTS OR WHEN IT IS SPECIFICALLY DIRECTED BY STATUTE.
B-193856 L/M, MAR 26, 1980
PRECIS-UNAVAILABLE
COMMANDER JAMES H. BAKER, USN:
REFERENCE IS MADE TO YOUR CORRESPONDENCE APPEALING OUR DECISION B-193856, APRIL 12, 1979, WHICH SUSTAINED THE DISALLOWANCE OF YOUR CLAIM FOR $632.12 THE NAVY COLLECTED FROM YOU FOR EXCESS CHARGES ON A SHIPMENT OF YOUR HOUSEHOLD GOODS IN 1975. YOU ALSO CLAIM INTEREST ON THE AMOUNT COLLECTED FROM YOU.
UPON FURTHER CONSIDERATION OF THE MATTER AND IN VIEW OF THE ADDITIONAL INFORMATION YOU HAVE PROVIDED, WE HAVE NOW DETERMINED THAT THERE WAS INSUFFICIENT BASIS TO ESTABLISH THAT YOUR SHIPMENT WAS OVERWEIGHT. ACCORDINGLY, WE HAVE ISSUED INSTRUCTIONS TODAY ALLOWING YOUR CLAIM FOR THE AMOUNT COLLECTED FROM YOU. YOU WILL RECEIVE A SETTLEMENT IN DUE COURSE.
HOWEVER, YOUR CLAIM FOR INTEREST MAY NOT BE ALLOWED SINCE PAYMENT OF INTEREST BY THE GOVERNMENT MAY NOT BE MADE EXCEPT WHEN INTEREST IS PROVIDED FOR IN LEGAL AND PROPER CONTRACTS OR WHEN IT IS SPECIFICALLY DIRECTED BY STATUTE. SEE 55 COMP.GEN. 768, 779 (1976) AND CASES CITED THEREIN. NO SUCH CONTRACT OR STATUTE AUTHORIZES PAYMENT OF INTEREST IN YOUR CASE.