B-153350, FEB. 3, 1964

B-153350: Feb 3, 1964

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NEVER WAS ORDERED. SINCE THE EXPENSES FOR WHICH REIMBURSEMENT IS CLAIMED WERE NOT INCURRED INCIDENT TO AN ORDERED TRANSFER OF STATION. - THERE IS NO LEGAL BASIS WARRANTING ALLOWANCE OF ANY PART OF THE CLAIM.

B-153350, FEB. 3, 1964

TO MRS. MYRTLE W. BARKER:

WE REFER TO YOUR UNDATED LETTER TRANSMITTED TO THE CLAIMS DIVISION OF THIS OFFICE BY LETTER OF DECEMBER 12, 1963, REFERENCE DSSCL, FROM COUNSEL, HEADQUARTERS, DEFENSE SUBSISTENCE SUPPLY CENTER, CHICAGO, ILLINOIS, IN WHICH YOU CLAIM REIMBURSEMENT IN THE AMOUNT ($21.20) YOU PAID A CLEANING WOMAN TO HELP YOU PACK AND UNPACK INCIDENT TO A CONTEMPLATED CHANGE OF OFFICIAL STATION WHICH, IN FACT, NEVER WAS ORDERED.

SINCE THE EXPENSES FOR WHICH REIMBURSEMENT IS CLAIMED WERE NOT INCURRED INCIDENT TO AN ORDERED TRANSFER OF STATION--- NO CHANGE OF STATION ORDERS EVER HAVING BEEN ISSUED--- THERE IS NO LEGAL BASIS WARRANTING ALLOWANCE OF ANY PART OF THE CLAIM. THEREFORE, YOUR CLAIM MAY NOT BE ADJUSTED FROM AN EXISTING APPROPRIATION.

FURTHERMORE, AFTER CONSIDERING ALL PERTINENT FACTS AND CIRCUMSTANCES, INCLUDING THE AMOUNT OF YOUR CLAIM AND THE DEGREE OF HARDSHIP, WE DO NOT FIND THAT THE CLAIM CONTAINS SUCH ELEMENTS OF LEGAL LIABILITY OR EQUITY AS WOULD WARRANT OUR REPORTING THE MATTER FOR CONSIDERATION OF THE CONGRESS UNDER THE ACT OF APRIL 10, 1928, 45 STAT. 413, 31 U.S.C. 236.