B-157057, JUL. 12, 1965

B-157057: Jul 12, 1965

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USAF: REFERENCE IS MADE TO YOUR CLAIM FOR REIMBURSEMENT IN THE AMOUNT OF $19.15 TO COVER PAYMENT FROM YOUR PERSONAL FUNDS OF A HOTEL BILL AT THE MOUNT ROYAL HOTEL. IT IS STATED THAT YOU SENT TO THE MOUNT ROYAL HOTEL A BANK DRAFT IN THE AMOUNT OF $18.00. THAT SUCH PAYMENT WAS MADE TO COVER HOTEL RESERVATIONS FOR TWO UNITED STATES AIR FORCE SCIENTIFIC BOARD MEMBERS. WHICH RESERVATIONS WERE NOT USED AND WERE NOT CANCELLED. IT IS ALSO STATED THAT THE REASON FOR PAYMENT BY YOU FROM YOUR PERSONAL FUNDS WAS "TO AVOID FURTHER EMBARRASSMENT TO THE U.S. THOSE BRIEF STATEMENTS ARE PRACTICALLY ALL THE PERTINENT INFORMATION DISCLOSED CONCERNING THE CIRCUMSTANCES INVOLVED IN THIS TRANSACTION. YOUR CLAIM WAS FORWARDED TO OUR OFFICE FROM HEADQUARTERS.

B-157057, JUL. 12, 1965

TO MAJOR WILLIAM C. MANNIX, USAF:

REFERENCE IS MADE TO YOUR CLAIM FOR REIMBURSEMENT IN THE AMOUNT OF $19.15 TO COVER PAYMENT FROM YOUR PERSONAL FUNDS OF A HOTEL BILL AT THE MOUNT ROYAL HOTEL, LONDON, ENGLAND.

IT IS STATED THAT YOU SENT TO THE MOUNT ROYAL HOTEL A BANK DRAFT IN THE AMOUNT OF $18.00, WITH ADDITIONAL INCIDENTAL EXPENSES OF $1.15 FOR BANK CHARGES AND MAILING, AND THAT SUCH PAYMENT WAS MADE TO COVER HOTEL RESERVATIONS FOR TWO UNITED STATES AIR FORCE SCIENTIFIC BOARD MEMBERS, WHICH RESERVATIONS WERE NOT USED AND WERE NOT CANCELLED. IT IS ALSO STATED THAT THE REASON FOR PAYMENT BY YOU FROM YOUR PERSONAL FUNDS WAS "TO AVOID FURTHER EMBARRASSMENT TO THE U.S. GOVERNMENT.' THOSE BRIEF STATEMENTS ARE PRACTICALLY ALL THE PERTINENT INFORMATION DISCLOSED CONCERNING THE CIRCUMSTANCES INVOLVED IN THIS TRANSACTION.

YOUR CLAIM WAS FORWARDED TO OUR OFFICE FROM HEADQUARTERS, AIR FORCE ACCOUNTING AND FINANCE CENTER, UNITED STATES AIR FORCE, DENVER, COLORADO, WITH THE REQUEST THAT WE CONSIDER IT AS A MERITORIOUS CLAIM UNDER THE ACT OF APRIL 10, 1928, CH. 334, 45 STAT. 413, 31 U.S.C. 236, WHICH READS AS FOLLOWS:

"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 ABOVE ACT CONTEMPLATES REPORTING TO THE CONGRESS FOR ITS CONSIDERATION ONLY THOSE CLAIMS INVOLVING COSTS FOR WHICH NO APPROPRIATION IS AVAILABLE AND WHICH CONTAIN "SUCH ELEMENTS OF LEGAL LIABILITY OR EQUITY AS TO BE DESERVING OF THE CONSIDERATION OF THE CONGRESS.'

EXPENSES INCURRED BY MILITARY PERSONNEL WHILE IN AN OFFICIAL TRAVEL STATUS, INCLUDING HOTEL BILLS, NORMALLY ARE REIMBURSED TO THE MEMBER BY MEANS OF A PER DIEM PAYMENT AS AUTHORIZED IN 37 U.S.C. 404 OR 405 AND THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT THERETO. HOWEVER, WE KNOW OF NO AUTHORITY FOR REIMBURSING A MEMBER FROM GOVERNMENT FUNDS FOR A PAYMENT MADE BY THAT MEMBER TO LIQUIDATE THE OBLIGATION OF ANOTHER MEMBER.

NO INFORMATION HAS BEEN FURNISHED TO SHOW THAT YOUR PAYMENT OF THE BILL FOR UNUSED HOTEL ACCOMMODATIONS FOR THE TWO MEMBERS CONCERNED INVOLVES SUCH ELEMENTS OF LEGAL LIABILITY ON THE PART OF THE UNITED STATES, OR OF EQUITY, AS TO WARRANT REPORTING THE CLAIM TO CONGRESS FOR CONSIDERATION UNDER THE MERITORIOUS CLAIMS ACT. THEREFORE NO ACTION WILL BE TAKEN TO REPORT IT TO CONGRESS.