B-148220, MAR. 1, 1962

B-148220: Mar 1, 1962

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YOU HAVE MADE CLAIM FOR THE EQUITY VALUE OF AN AUTOMOBILE WHICH APPARENTLY WAS REPOSSESSED BY A PRIVATE FIRM DURING YOUR STAY IN FITZSIMMONS ARMY HOSPITAL IN DENVER. YOU HAVE CLAIMED THE SUM OF $2. WE ADVISED YOU THAT ANY ADJUSTMENT ARISING OUT OF THE REPOSSESSION OF YOUR AUTOMOBILE WAS A MATTER FOR SETTLEMENT BETWEEN YOU AND THE REPOSSESSING FIRM AND THAT YOUR CLAIM OF $2. YOU HAVE ADVANCED THE ARGUMENT THAT INASMUCH AS YOUR FUNDS WERE UNDER THE CONTROL OF HOSPITAL PERSONNEL DURING YOUR INTERNMENT AT FITZSIMMONS. THE REPOSSESSION WAS ACCOMPLISHED BECAUSE OF NEGLIGENCE ON THE PART OF HOSPITAL PERSONNEL. WHILE WE ARE UNABLE TO CONCEIVE OF ANY BASIS FOR AWARD ON THE ARGUMENT PRESENTED. IF BASIS EXISTS THE MATTER SOUNDS IN TORT AND IS FOR ADJUSTMENT BY THE DEPARTMENT OF THE ARMY PURSUANT TO THE PROVISIONS OF 28 U.S.C.

B-148220, MAR. 1, 1962

TO MR. JAMES P. O-CONNOR:

BY LETTER DATED DECEMBER 15, 1961, FORWARDED HERE BY THE OFFICE OF THE STAFF JUDGE ADVOCATE, FORT RILEY, KANSAS, YOU REQUESTED RECONSIDERATION OF OUR SETTLEMENT OF DECEMBER 12, 1961.

YOU HAVE MADE CLAIM FOR THE EQUITY VALUE OF AN AUTOMOBILE WHICH APPARENTLY WAS REPOSSESSED BY A PRIVATE FIRM DURING YOUR STAY IN FITZSIMMONS ARMY HOSPITAL IN DENVER, COLORADO. ADDITIONALLY, YOU HAVE CLAIMED THE SUM OF $2,000 WHICH YOU STATE YOU EXPENDED TRYING TO HELP THE AUTHORITIES.

IN OUR ACTION OF DECEMBER 12, 1961, WE ADVISED YOU THAT ANY ADJUSTMENT ARISING OUT OF THE REPOSSESSION OF YOUR AUTOMOBILE WAS A MATTER FOR SETTLEMENT BETWEEN YOU AND THE REPOSSESSING FIRM AND THAT YOUR CLAIM OF $2,000 COULD NOT BE CONSIDERED BY OUR OFFICE WITHOUT A DEFINITE STATEMENT OF THE CLAIM AND A LEGAL BASIS FOR ITS PAYMENT.

YOU HAVE ADVANCED THE ARGUMENT THAT INASMUCH AS YOUR FUNDS WERE UNDER THE CONTROL OF HOSPITAL PERSONNEL DURING YOUR INTERNMENT AT FITZSIMMONS, THE REPOSSESSION WAS ACCOMPLISHED BECAUSE OF NEGLIGENCE ON THE PART OF HOSPITAL PERSONNEL. WHILE WE ARE UNABLE TO CONCEIVE OF ANY BASIS FOR AWARD ON THE ARGUMENT PRESENTED, IF BASIS EXISTS THE MATTER SOUNDS IN TORT AND IS FOR ADJUSTMENT BY THE DEPARTMENT OF THE ARMY PURSUANT TO THE PROVISIONS OF 28 U.S.C., SUPP. II, 2672. IN THIS REGARD, PAPERS ON FILE IN OUR OFFICE INDICATE THAT YOUR CLAIM FOR THE EQUITY VALUE OF THE AUTOMOBILE WAS DENIED ON OCTOBER 5, 1961, BY THE CHIEF, GENERAL CLAIMS BRANCH, OFFICE OF THE JUDGE ADVOCATE GENERAL, FORT HOLABIRD, BALTIMORE, MARYLAND.

IN SUMMARY, YOUR CLAIM FOR THE EQUITY VALUE OF YOUR AUTOMOBILE IS NOT A MATTER WITHIN THE JURISDICTION OF OUR OFFICE AND, WITH REGARD TO YOUR CLAIM OF $2,000, OUR SETTLEMENT OF DECEMBER 12, 1961, IS SUSTAINED.