B-152648, JAN. 5, 1965
Highlights
WE HAVE CONSIDERED THE LEGAL VIEWS URGED BY YOU IN YOUR LETTER BUT WE FIND IT DIFFICULT TO AGREE WITH YOUR CONCLUSION THAT THEY PROPERLY STATE THE LAW APPLICABLE TO YOUR CASE. THE JURISDICTION OF THE GENERAL ACCOUNTING OFFICE TO SETTLE YOUR CLAIM IS FOUND IN SECTION 305 OF THE BUDGET AND ACCOUNTING ACT OF 1921. YOU ARE FREE TO PURSUE THE MATTER IN THE COURTS IF SO DESIRED.
B-152648, JAN. 5, 1965
TO MR. EDWARD S. ENOS:
YOUR LETTER OF DECEMBER 10, 1964, REFERRING TO OUR DECISION OF AUGUST 19, 1964, B-152648, TO YOU, AGAIN QUESTIONS THE CORRECTNESS OF OUR DISPOSITION OF YOUR CASE AND REQUESTS THAT WE WITHDRAW OR VACATE OUR DECISION APPARENTLY SO THAT YOUR CASE MAY BE CONSIDERED BY THE DEPARTMENT OF THE AIR FORCE.
WE HAVE CONSIDERED THE LEGAL VIEWS URGED BY YOU IN YOUR LETTER BUT WE FIND IT DIFFICULT TO AGREE WITH YOUR CONCLUSION THAT THEY PROPERLY STATE THE LAW APPLICABLE TO YOUR CASE, OR THAT OUR DECISION OF AUGUST 19, 1964, SHOULD BE MODIFIED.
THE JURISDICTION OF THE GENERAL ACCOUNTING OFFICE TO SETTLE YOUR CLAIM IS FOUND IN SECTION 305 OF THE BUDGET AND ACCOUNTING ACT OF 1921, 31 U.S.C. 71, WHICH PROVIDES THAT ALL CLAIMS AND DEMANDS WHATEVER BY THE GOVERNMENT OF THE UNITED STATES OR AGAINST IT SHALL BE SETTLED AND ADJUSTED IN THAT OFFICE. THEREFORE, WE MAY NOT PROPERLY WITHDRAW FROM THE MATTER OR REFER YOUR CASE TO THE DEPARTMENT OF THE AIR FORCE FOR DISPOSITION.
OF COURSE, AS YOU INDICATE, YOU ARE FREE TO PURSUE THE MATTER IN THE COURTS IF SO DESIRED.