B-127626, MAY 24, 1956

B-127626: May 24, 1956

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YOU CONTEND THAT THE UNITED STATES AUTHORITIES HAVE NEVER DISPUTED THE FACTS AND HAVE IN FACT QUOTED PRECISE DETAILS OF THE MOVE IN CERTAIN CORRESPONDENCE. HAS REPORTED THAT NO INQUIRY WAS MADE AT THE TIME CONCERNING COMPENSATION FOR THE MOVE AND THAT NO OBLIGATION WAS UNDERTAKEN TO ASSUME RESPONSIBILITY FOR THE EXPENSES OF THE MOVE. IT IS REPORTED THAT AT NO TIME DID COLONEL FRED O. IT IS REPORTED THAT A REVIEW OF THE FILES OF THE DEPARTMENT OF STATE DISCLOSES NO PERTINENT INFORMATION ON THIS SUBJECT. THE MATTER WAS REVIEWED AT LENGTH BY UNITED STATES MILITARY AUTHORITIES AND THEY HAVE BEEN UNABLE TO FIND ANY AGREEMENT OR UNDERSTANDING THAT YOUR GOVERNMENT WAS TO BE PAID FOR THE EXPENSES NOW CLAIMED.

B-127626, MAY 24, 1956

TO BRITISH JOINT SERVICES MISSION:

YOUR LETTERS OF MARCH 30 AND APRIL 24, 1956, REQUEST RECONSIDERATION OF OUR SETTLEMENT DATED JANUARY 27, 1956, WHICH DISALLOWED YOUR CLAIM FOR $27,512.80, AS REIMBURSEMENT FOR EXPENSES INCURRED IN RELOCATING CERTAIN BRITISH MILITARY UNITS AND EVACUATING THE GRANDSTAND BUILDING AND LAND AT WHEELUS FIELD, TRIPOLI, IN ORDER TO EXTEND THE RUNWAYS AT WHEELUS FIELD DURING 1951 AND 1952.

YOU CONTEND THAT THE UNITED STATES AUTHORITIES HAVE NEVER DISPUTED THE FACTS AND HAVE IN FACT QUOTED PRECISE DETAILS OF THE MOVE IN CERTAIN CORRESPONDENCE. YOU STATE THAT COMPLIANCE WITH THE REQUEST OF THE UNITED STATES MILITARY AUTHORITIES IN FEBRUARY 1951 DID INVOLVE THE BRITISH GOVERNMENT IN EXPENSE CONNECTED WITH THE REPROVISION OF THE DISPLACED ACCOMMODATION.

THE DEPARTMENT OF THE ARMY, THE ADMINISTRATIVE AGENCY HERE INVOLVED, HAS REPORTED THAT NO INQUIRY WAS MADE AT THE TIME CONCERNING COMPENSATION FOR THE MOVE AND THAT NO OBLIGATION WAS UNDERTAKEN TO ASSUME RESPONSIBILITY FOR THE EXPENSES OF THE MOVE, ALSO, IT IS REPORTED THAT AT NO TIME DID COLONEL FRED O. EASLEY, JR., COMMANDING OFFICER AT WHEELUS FIELD, AGREE WITH GENERAL MATTHEWS OR ANY OTHER BRITISH OFFICER TO ASSIST IN REHABILITATION OF GURGI BARRACKS OR ANY OTHER AREA TO WHICH THEY HAD INTENDED MOVING SUPPLIES, EQUIPMENT, AND MATERIAL STORED IN THE STADIUM AREA AT THAT TIME. FURTHERMORE, IT IS REPORTED THAT A REVIEW OF THE FILES OF THE DEPARTMENT OF STATE DISCLOSES NO PERTINENT INFORMATION ON THIS SUBJECT. THE MATTER WAS REVIEWED AT LENGTH BY UNITED STATES MILITARY AUTHORITIES AND THEY HAVE BEEN UNABLE TO FIND ANY AGREEMENT OR UNDERSTANDING THAT YOUR GOVERNMENT WAS TO BE PAID FOR THE EXPENSES NOW CLAIMED. YOUR RECENT LETTERS HAVE NOT FURNISHED THE NAMES OF UNITED STATES OFFICIALS WHO WERE PARTIES TO ANY SUCH AGREEMENT OR UNDERSTANDING.

IN THE SETTLEMENT OF CLAIMS OF THIS CHARACTER, OUR OFFICE NECESSARILY MUST RELY UPON THE FACTS REPORTED BY THE ADMINISTRATIVE OFFICE--- IN THIS CASE, THE DEPARTMENT OF THE ARMY--- AND WHERE A DIFFERENCE OF OPINION EXISTS WE CONSISTENTLY HAVE ACCEPTED THE FACTS AS REPORTED BY THE ADMINISTRATIVE OFFICE UNLESS THEY ARE SHOWN CLEARLY TO BE IN ERROR.

ACCORDINGLY, ON THE PRESENT RECORD, THE ACTION PREVIOUSLY TAKEN IN DISALLOWING YOUR CLAIM IS SUSTAINED.