B-143932, OCT. 7, 1960

B-143932, OCT. 7, 1960

TO MRS. MARGARET M. STALLWORTHY:

REFERENCE IS MADE TO A LETTER DATED AUGUST 25, 1960, FROM YOUR ATTORNEYS, FELDMAN AND O-DONNELL, REQUESTING REVIEW OF SETTLEMENT DATED JANUARY 13, 1960, WHICH DISALLOWED YOUR CLAIM FOR $4,800 ALLEGED TO BE DUE AS DAMAGES TO FURNITURE AND FURNISHINGS LEASED TO THE DEPARTMENT OF THE NAVY, MARINE CORPS, PURSUANT TO LEASE NO. N52M-21265, DATED NOVEMBER 7, 1946. THE AMOUNT OF THE CLAIM NOW ASSERTED HAS BEEN INCREASED TO $12,975.

THE PAPERS TRANSMITTED TO OUR OFFICE SHOW THAT ON DECEMBER 28, 1957, YOU SUBMITTED A CLAIM FOR $1,100 AND ON MARCH 11, 1958, YOU EXECUTED A CLAIM FORM (STANDARD FORM 95) IN WHICH YOU AGREED TO ACCEPT $4,800 IN FULL SATISFACTION AND FINAL SETTLEMENT OF THE CLAIM. THIS FORM WAS ACCOMPANIED BY AN ITEMIZED APPRAISAL STATEMENT PREPARED BY MR. JULES CHARBNEAU OF FEBRUARY 15, 1958, PURPORTING TO SHOW THAT THE AMOUNT OF THE DAMAGES TO THE FURNITURE AND FURNISHINGS WAS $12,975. THE PAPERS SUBMITTED BY THE ADMINISTRATIVE OFFICE CONTAINED A REPORT BY CAPTAIN PHILIP G. MCINTYRE AND FIRST LIEUTENANT ROBERT A. BARTON, WHO HAD MADE AN INVESTIGATION OF YOUR CLAIM. THAT INVESTIGATION IS DETAILED AND EXHAUSTIVE, AND CONTAINS ANOTHER APPRAISER'S REPORT THAT THE EXTENT OF THE DAMAGES WAS IN THE AMOUNT OF $3,836 ONLY. IT IS THE RECOMMENDATION OF THE INVESTIGATION BOARD THAT THE CLAIM BE PAID IN THE AMOUNT OF $3,500. UPON A REQUEST FOR REPORT BY THE CLAIMS DIVISION OF OUR OFFICE AS TO WHETHER YOU WOULD ACCEPT THE AMOUNT OF $3,500 IN FULL AND FINAL SETTLEMENT OF YOUR CLAIM FOR THE ALLEGED DAMAGES, IT WAS STATED THAT IT APPEARED THAT THE AMOUNT WOULD BE UNACCEPTABLE AS FULL SETTLEMENT. NOTHING APPEARS IN THE LETTER FROM YOUR ATTORNEYS THAT THE AMOUNT OF $3,500, IF ALLOWED, WOULD BE ACCEPTABLE AS FULL SETTLEMENT.

IN DISPUTED QUESTIONS OF FACT OUR OFFICE GENERALLY ACCEPTS THE REPORT OF THE ADMINISTRATIVE OFFICE IN THIS MATTER. WHERE, AS HERE,THE MATTER OF YOUR CLAIM HAS BEEN THE SUBJECT OF DETAILED INVESTIGATION BY THE ADMINISTRATIVE OFFICE AND A CONCLUSION AS TO THE AMOUNT OF THE DAMAGES HAS BEEN REACHED AS A RESULT OF SUCH INVESTIGATION, WE WOULD NOT BE WARRANTED IN DISREGARDING THIS CONCLUSION MERELY BECAUSE YOUR OPINION AS TO THE AMOUNT OF DAMAGE DIFFERS FROM THAT OF THE ADMINISTRATIVE OFFICE. THEREFORE, IN ANY EVENT, YOUR CLAIM FOR AN AMOUNT IN EXCESS OF $3,500 IS FOR DISALLOWANCE.

IF YOU ARE WILLING TO ACCEPT THE AMOUNT OF $3,500 IN FULL SETTLEMENT OF YOUR CLAIM, UPON NOTICE TO THAT EFFECT OUR OFFICE WILL GIVE THE CLAIM FURTHER CONSIDERATION WITH A VIEW TO AN ALLOWANCE OF THAT AMOUNT. OUR OFFICE DOES NOT HAVE ANY AUTHORITY UNDER 10 U.S.C. 2733 (D) TO REPORT MERITORIOUS CLAIMS TO CONGRESS FOR ITS CONSIDERATION SINCE THAT AUTHORITY IS VESTED IN "THE SECRETARY OF THE MILITARY DEPARTMENT CONCERNED.' CONSEQUENTLY, WE CANNOT COMPLY WITH YOUR REQUEST THAT WE REPORT YOUR CLAIM TO CONGRESS AS A MERITORIOUS ONE UNDER THE PROVISIONS OF THE REFERRED-TO SECTION OF THE CODE, EVEN IF WE THOUGHT IT WAS OTHERWISE PROPER TO DO SO.