B-123756, JUL. 15, 1955

B-123756: Jul 15, 1955

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

C.E.: REFERENCE IS MADE TO YOUR LETTER DATED MARCH 20. THE CLAIM WAS DISALLOWED FOR THE REASON. THAT THE COST OF FUMIGATION OF YOUR EFFECTS WAS NOT AN ITEM OF TRANSPORTATION EXPENSE PROPERLY CHARGEABLE TO THE GOVERNMENT. IN SUPPORT OF YOUR REQUEST FOR REVISION OF THE SETTLEMENT YOU HAVE TRANSMITTED A COPY OF A LETTER DATED FEBRUARY 24. YOU STATE THAT YOUR CLAIM IS IDENTICAL WITH THE CLAIM OF DR. STRAGNELL REPRESENTED DAMAGES TO HIS PROPERTY AND THAT SUCH PAYMENT WAS MADE PURSUANT TO EXPRESS STATUTORY PROVISIONS AUTHORIZING THE SECRETARIES OF THE ARMY. WAS NOT AN ACTUAL CLAIM FOR DAMAGES INCIDENT TO LOSS OR DESTRUCTION TO HIS PROPERTY. DOUBT IMMEDIATELY ARISES AS TO WHETHER SUCH PAYMENT WAS PROPER.

B-123756, JUL. 15, 1955

TO CAPTAIN WILLIAM E. HUBER, C.E.:

REFERENCE IS MADE TO YOUR LETTER DATED MARCH 20, 1955, WITH ENCLOSURES, REQUESTING REVIEW OF SETTLEMENT DATED FEBRUARY 4, 1955, OF OUR CLAIMS DIVISION, WHICH DISALLOWED YOUR CLAIM FOR $15 PAID BY YOU FOR THE DECONTAMINATION OF A SHIPMENT OF YOUR HOUSEHOLD EFFECTS FROM FORT LEONARD WOOD, MISSOURI, TO PASADENA, CALIFORNIA, INCIDENT TO YOUR CHANGE OF STATION AS A FIRST LIEUTENANT OF THE ARMY.

THE CLAIM WAS DISALLOWED FOR THE REASON, SUBSTANTIALLY, THAT THE COST OF FUMIGATION OF YOUR EFFECTS WAS NOT AN ITEM OF TRANSPORTATION EXPENSE PROPERLY CHARGEABLE TO THE GOVERNMENT.

IN SUPPORT OF YOUR REQUEST FOR REVISION OF THE SETTLEMENT YOU HAVE TRANSMITTED A COPY OF A LETTER DATED FEBRUARY 24, 1955, FROM MAJOR PATRICK E. KATEN, JAGC, FIFTH ARMY, TO ROBERT STRAGNELL, M.D., 1003 SOUTH BALDWIN AVENUE, ARCADIA, CALIFORNIA, ENCLOSING A CHECK FOR $25 IN SETTLEMENT OF HIS CLAIM AGAINST THE UNITED STATES. YOU STATE THAT YOUR CLAIM IS IDENTICAL WITH THE CLAIM OF DR. STRAGNELL.

IT APPEARS FROM THE WORDING OF THE LETTER OF FEBRUARY 24, 1955, THAT THE AMOUNT ALLOWED TO DR. STRAGNELL REPRESENTED DAMAGES TO HIS PROPERTY AND THAT SUCH PAYMENT WAS MADE PURSUANT TO EXPRESS STATUTORY PROVISIONS AUTHORIZING THE SECRETARIES OF THE ARMY, NAVY AND AIR FORCE TO SETTLE CERTAIN CLAIMS FOR DAMAGES TO PERSONAL PROPERTY OF MILITARY PERSONNEL. IF, AS YOU INTIMATE, THE PAYMENT TO DR. STRAGNELL REPRESENTED REIMBURSEMENT OF AN AMOUNT EXPENDED BY HIM FOR RIDDING HIS POSSESSIONS OF PESTS, AND WAS NOT AN ACTUAL CLAIM FOR DAMAGES INCIDENT TO LOSS OR DESTRUCTION TO HIS PROPERTY, DOUBT IMMEDIATELY ARISES AS TO WHETHER SUCH PAYMENT WAS PROPER. IN ANY EVENT, SUCH PAYMENT CONSTITUTES NO AUTHORITY FOR PAYING YOUR CLAIM. THE SETTLEMENT OF FEBRUARY 4, 1955, IS SUSTAINED.

Sep 27, 2016

Sep 22, 2016

Sep 21, 2016

Sep 20, 2016

Looking for more? Browse all our products here