B-161421, JUN 21, 1971

B-161421: Jun 21, 1971

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ENCLOSED WITH YOUR LETTER WERE COPIES OF DOCUMENTS CONSISTING OF (1) CIVIL COMPLAINT FOR SERVICES RENDERED. YOU DEMAND THAT WE PRESENT YOUR "CLAIM FOR RELIEF" TO CONGRESS UNDER THE PROVISIONS OF 31 U.S.C. 236. 31 U.S.C. 236 PROVIDES: "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. WE HAVE EXAMINED YOUR LETTER AND THE ENCLOSURES THERETO BUT WE FIND NOTHING THEREIN TO WARRANT SUBMISSION OF THE MATTER TO CONGRESS AS A CLAIM UNDER 31 U.S.C. 236.

B-161421, JUN 21, 1971

MERITORIOUS CLAIMS ACT - SERVICES RENDERED DENYING CLAIM OF WALTER E. MICHAELS FOR RELIEF UNDER THE MERITORIOUS CLAIMS ACT, 31 U.S.C. 236 FOR "SERVICES RENDERED THE GOVERNMENT WHEN THE CLAIMANT DID NOT WISH TO SERVE," SINCE THE COMP. GEN. FINDS NO OUTSTANDING EQUITY JUSTIFYING THE EXTRAORDINARY RELIEF GRANTED UNDER THE ACT.

TO MR. WALTER E. MICHAELS:

YOUR LETTER OF MAY 20, 1971, REFERS TO AN ACCOMPANYING "CLAIM FOR RELIEF" APPARENTLY FOR "SERVICES RENDERED THE GOVERNMENT WHEN THE CLAIMANT DID NOT WISH TO SERVE."

ENCLOSED WITH YOUR LETTER WERE COPIES OF DOCUMENTS CONSISTING OF (1) CIVIL COMPLAINT FOR SERVICES RENDERED, CIVIL CASE NO. 63-1410-S, IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA FILED NOVEMBER 20, 1963; (2) MOTION TO DISMISS ITEM (1) DATED JANUARY 22, 1964; (3) PETITION TO RECOVER CHARGES FOR SERVICES RENDERED, CASE NO. 97-64, FILED APRIL 9, 1964, IN THE UNITED STATES COURT OF CLAIMS; (4) MOTION TO DISMISS ITEM (3) OR IN THE ALTERNATIVE FOR SUMMARY JUDGMENT; (5) ORDER TO DISMISS ITEM (4) DATED DECEMBER 14, 1964; (6) LETTER DATED AUGUST 4, 1970, TO CONGRESSMAN E. R. ROYBAL.

YOU DEMAND THAT WE PRESENT YOUR "CLAIM FOR RELIEF" TO CONGRESS UNDER THE PROVISIONS OF 31 U.S.C. 236.

31 U.S.C. 236 PROVIDES:

"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."

WE HAVE EXAMINED YOUR LETTER AND THE ENCLOSURES THERETO BUT WE FIND NOTHING THEREIN TO WARRANT SUBMISSION OF THE MATTER TO CONGRESS AS A CLAIM UNDER 31 U.S.C. 236.