B-125360, NOV. 7, 1955

B-125360: Nov 7, 1955

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HEMION: REFERENCE IS MADE TO YOUR LETTER DATED AUGUST 8. THE WORK PERFORMED WAS UNDER THE DIRECTION OF THE POST ENGINEER AND YOU CONTEND THAT THE AMOUNT OF THE BILL WAS PROPERLY CHARGEABLE TO THE REPAIRS AND UTILITIES FUNDS RATHER THAN TO YOU. THE INSTALLATION OF OCCUPANT-OWNED APPLIANCES AND EQUIPMENT IN PUBLIC QUARTERS WAS GOVERNED BY PARAGRAPH 40. WERE ADVISED THAT THE CHIEF OF ENGINEERS HAD BEEN AUTHORIZED BY THE DEPARTMENT OF THE ARMY TO GRANT EXCEPTIONS TO PARAGRAPH 40B (6) TO PERMIT THE INSTALLATION OF OCCUPANT-OWNED CLOTHES DRIERS IF THE AREA POWER SUPPLY. THE TRANSFORMER CAPACITIES WERE ADEQUATE. THE ADDRESSEES WERE ADVISED THAT THE AUTHORITY OF THE CHIEF OF ENGINEERS TO GRANT THE EXCEPTIONS WAS REDELEGATED TO THEM.

B-125360, NOV. 7, 1955

TO COLONEL ROGER H. HEMION:

REFERENCE IS MADE TO YOUR LETTER DATED AUGUST 8, 1955, REQUESTING RECONSIDERATION OF OUR SETTLEMENT DATED APRIL 14, 1955, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF $23.60 PAID BY YOU TO THE UNITED STATES ON THE BASIS OF A BILL IN THAT AMOUNT RENDERED TO YOU BY HEADQUARTERS, MICHIGAN MILITARY DISTRICT, 6303 WEST JEFFERSON AVENUE, DETROIT 17, MICHIGAN. THAT BILL COVERED THE COST OF LABOR AND MATERIAL USED ON OCTOBER 30, 1953, IN INSTALLING ADDITIONAL WIRING IN YOUR GOVERNMENT QUARTERS AT FORT WAYNE, MICHIGAN, IN ORDER TO OPERATE YOUR ELECTRIC CLOTHES DRIER.

THE WORK PERFORMED WAS UNDER THE DIRECTION OF THE POST ENGINEER AND YOU CONTEND THAT THE AMOUNT OF THE BILL WAS PROPERLY CHARGEABLE TO THE REPAIRS AND UTILITIES FUNDS RATHER THAN TO YOU.

AT THE TIME OF THE PERFORMANCE OF THE WORK HERE INVOLVED, THE INSTALLATION OF OCCUPANT-OWNED APPLIANCES AND EQUIPMENT IN PUBLIC QUARTERS WAS GOVERNED BY PARAGRAPH 40, SR 420-105-1, DATED SEPTEMBER 27, 1949. PARAGRAPH 40B (6) PROHIBITED THE INSTALLATION IN PUBLIC QUARTERS OF ANY APPLIANCE OR EQUIPMENT WHICH REQUIRED IN EXCESS OF 15 AMPERES OR AN ELECTRIC MOTOR LARGER THAN 1/2HORSEPOWER. PARAGRAPH 40E PROVIDED THAT WHEN AN OCCUPANT-OWNED APPLIANCE OR PIECE OF EQUIPMENT APPROVED FOR INSTALLATION UNDER PARAGRAPH 40B REQUIRED AN ADDITIONAL ELECTRIC OUTLET, OR A VALVE TO PROVIDE FOR WATER CONNECTION, THE WORK WOULD BE PERFORMED BY THE POST ENGINEER UTILIZING REPAIRS AND UTILITIES FUNDS. BY LETTER DATED MAY 22, 1952, FROM LIEUTENANT COLONEL JAMES E. HAMMER, EXECUTIVE REPAIRS AND UTILITIES DIVISION, OFFICER OF THE CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, WASHINGTON 25, D.C., THE COMMANDING GENERALS OF THE CONTINENTAL ARMIES, WERE ADVISED THAT THE CHIEF OF ENGINEERS HAD BEEN AUTHORIZED BY THE DEPARTMENT OF THE ARMY TO GRANT EXCEPTIONS TO PARAGRAPH 40B (6) TO PERMIT THE INSTALLATION OF OCCUPANT-OWNED CLOTHES DRIERS IF THE AREA POWER SUPPLY, THE EXISTING ELECTRIC DISTRIBUTION SYSTEM, AND THE TRANSFORMER CAPACITIES WERE ADEQUATE. THE ADDRESSEES WERE ADVISED THAT THE AUTHORITY OF THE CHIEF OF ENGINEERS TO GRANT THE EXCEPTIONS WAS REDELEGATED TO THEM, BUT THAT FURTHER REDELEGATION WAS NOT AUTHORIZED.

UNDER DATE OF JANUARY 12, 1955, THE COMMANDING GENERAL, 5TH ARMY, CHICAGO 15, ILLINOIS, ADVISED OUR OFFICE THAT THE INSTALLATION OF YOUR ELECTRIC CLOTHES DRIER WAS NOT AUTHORIZED AS REQUIRED BY THE LETTER OF MAY 22, 1952. THAT COMMUNICATION INDICATED ALSO THAT HAD AUTHORITY TO INSTALL THE EQUIPMENT BEEN REQUESTED, THE COMMANDING GENERAL WOULD HAVE GRANTED PERMISSION ONLY ON THE BASIS THAT THE OCCUPANT-OWNER WOULD BEAR ALL INSTALLATION EXPENSE. ACCORDINGLY, THERE IS NO BASIS FOR CONCLUDING THAT THE AMOUNT PAID WAS OTHER THAN YOUR PERSONAL OBLIGATION AND THEREFORE, THE SETTLEMENT OF APRIL 14, 1955, IS SUSTAINED.