B-132820, MAR. 12, 1958

B-132820: Mar 12, 1958

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KRAUSE: WE HAVE RECEIVED YOUR LETTER DATED FEBRUARY 15. YOU SAY THAT YOU HAVE RECEIVED A CHECK FOR $350.70. THERE IS NO AUTHORITY FOR THE PAYMENT OF INTEREST IN YOUR CASE.

B-132820, MAR. 12, 1958

TO MR. JACK D. KRAUSE:

WE HAVE RECEIVED YOUR LETTER DATED FEBRUARY 15, 1958, IN WHICH YOU REFER TO OUR LETTER DATED AUGUST 21, 1957, TO HONORABLE JAMES B. UTT, HOUSE OF REPRESENTATIVES, CONCERNING YOUR CLAIM FOR PAY AND ALLOWANCES FOR 14 DAYS OF TRAINING DUTY AS AN ENSIGN, UNITED STATES NAVAL RESERVE, AT THE SPECIAL DEVICES CENTER, SANDS POINT, PORT WASHINGTON, LONG ISLAND, NEW YORK, UNDER ORDERS DATED JULY 14, 1948. YOU SAY THAT YOU HAVE RECEIVED A CHECK FOR $350.70, DATED SEPTEMBER 3, 1957, IN PAYMENT OF YOUR CLAIM AND THAT, BECAUSE OF THE DELAY IN MAKING PAYMENT, YOU FEEL YOU SHOULD BE PAID INTEREST ON THAT AMOUNT.

THERE IS NO AUTHORITY FOR THE PAYMENT OF INTEREST IN YOUR CASE, THERE BEING FOR APPLICATION THE TRADITIONAL RULE THAT INTEREST ON CLAIMS AGAINST THE UNITED STATES CANNOT BE RECOVERED IN THE ABSENCE OF AN EXPRESS PROVISION TO THE CONTRARY IN THE RELEVANT STATUTE OR CONTRACT. UNITED STATES V. THAYER-WEST POINT HOTEL CO., 329 U.S. 585, 588, AND CASES CITED THEREIN.