B-127799, AUG. 24, 1956

B-127799, AUG. 24, 1956

TO MASTER SERGEANT EDWIN A. HYNDMAN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 17, 1956, CONCERNING YOUR CLAIM IN THE AMOUNT OF $800.09, REPRESENTING THE AMOUNT EXPENDED FOR WAGES TO A GARDENER AND A GUARD FOR QUARTERS ASSIGNED YOU IN RANGOON, BURMA, DURING THE PERIOD OCTOBER 1953 THROUGH APRIL 1955, INCIDENT TO YOUR SERVICE IN THE UNITED STATES ARMY.

YOUR CLAIM WAS SUBMITTED HERE FOR CONSIDERATION AS A MERITORIOUS CLAIM, PRESUMABLY UNDER THE ACT OF APRIL 10, 1928, 45 STAT. 413, SINCE THE CLAIM WAS CONSIDERED NOT PAYABLE UNDER ANY ACT OR APPROPRIATION AVAILABLE TO THE DEPARTMENT OF THE ARMY.

IT APPEARS THAT ON OCTOBER 5, 1953, YOU WERE OFFICIALLY ASSIGNED GOVERNMENT-LEASED QUARTERS AND FURNISHINGS IN RANGOON, WHICH YOU AND YOUR FAMILY OCCUPIED UNTIL MAY 9, 1955, AND THAT INCIDENT TO THAT ASSIGNMENT YOU HIRED TWO NATIVES--- A GUARD AND A GARDENER--- AND PAID THEM FROM YOUR OWN FUNDS. YOU STATE THAT YOU REQUESTED YOUR SUPERIORS TO INITIATE ACTION SO THAT THE GOVERNMENT WOULD ASSUME THE FINANCIAL BURDEN OF EMPLOYING THE GUARD AND GARDENER, AS YOU INDICATE WAS DONE FOR OTHER GOVERNMENT QUARTERS IN RANGOON. THAT REQUEST APPEARS TO HAVE BEEN MADE ON THE BASIS THAT SUCH EMPLOYEES WERE FOR THE PROTECTION OF GOVERNMENT PROPERTY, AND ONLY INCIDENTALLY OF PERSONAL BENEFIT TO YOU. SUCH REQUEST, HOWEVER, WAS APPARENTLY DENIED.

THE ACT OF APRIL 10, 1928, SUPRA, PROVIDES:

"THAT WHEN THERE IS FILED IN THE GENERAL ACCOUNTING OFFICE A CLAIM OR DEMAND AGAINST THE UNITED STATES THAT MAY NOT LAWFULLY BE ADJUSTED BY THE USE OF AN APPROPRIATION THERETOFORE MADE, BUT WHICH CLAIM OR DEMAND IN THE JUDGMENT OF THE COMPTROLLER GENERAL OF THE UNITED STATES CONTAINS SUCH ELEMENTS OF LEGAL LIABILITY OR EQUITY AS TO BE DESERVING OF THE CONSIDERATION OF THE CONGRESS, HE SHALL SUBMIT THE SAME TO THE CONGRESS BY A SPECIAL REPORT CONTAINING THE MATERIAL FACTS AND HIS RECOMMENDATION THEREON.'

THE ONLY CLAIMS CONSIDERED PROPER FOR THE SUBMISSION TO THE CONGRESS UNDER THIS STATUTE AS THOSE THAT CONTAIN ELEMENTS OF LEGAL LIABILITY OR EQUITY ON WHICH THE GENERAL ACCOUNTING OFFICE WOULD TAKE ACTION AND ALLOW BUT FOR THE FACT THAT THERE IS NO APPROPRIATION AVAILABLE FOR THEIR ADJUSTMENT. IN YOUR CASE IT APPEARS THAT WE COULD NOT ALLOW YOUR CLAIM SINCE CLAIM IS BASED ON THE PROPOSITION THAT YOU ARE A VOLUNTARY CREDITOR OF THE UNITED STATES. SUCH CLAIMS CONSISTENTLY HAVE BEEN DENIED. WHILE THE GOVERNMENT MIGHT HAVE CONTRACTED FOR THE SERVICES ITSELF, SUCH AUTHORITY DOES NOT CARRY WITH IT THE AUTHORITY TO REIMBURSE FOR EXPENDITURES MADE FOR SUCH SERVICES BY AN UNAUTHORIZED PERSON.

ACCORDINGLY, WE FIND THAT THE CLAIM DOES NOT CONTAIN ELEMENTS OF LEGAL LIABILITY OR EQUITY WHICH WOULD WARRANT OUR REPORTING IT TO THE CONGRESS UNDER THE 1928 ACT.