B-180163, JAN 9, 1974

B-180163, JAN 9, 1974

INDIVIDUAL CLAIMING ALL MONIES AND INTEREST ALLEGED TO BE DUE FOR TEAM OF EMPLOYMENT WITH DEPT. OF ARMY IS ADVISED THAT REGULATIONS FOR PROCESSING CLAIMS ARE SET FORTH IN CODE OF FEDERAL REGULATIONS, TITLE 4, BEGINNING WITH SEC. 30.1, AND THAT MINIMUM AMOUNT HAS NOT BEEN ESTABLISHED BEFORE CLAIM THEREFOR WOULD BE CONSIDERED.

TO MRS. ROSEMARY LABALBO:

WE REFER FURTHER TO YOUR LETTER OF OCTOBER 16, 1973, WHICH HAS BEEN CONSIDERED AS A REQUEST FOR REVIEW OF THE DISALLOWANCE BY OUR TRANSPORTATION AND CLAIMS DIVISION IN SETTLEMENT CERTIFICATE OF MAY 25, 1973, OF YOUR CLAIM FOR ALL MONIES AND INTEREST ALLEGED TO BE DUE FOR YOUR TERM OF EMPLOYMENT WITH THE DEPARTMENT OF THE ARMY.

YOU ASK THAT WE "FORWARD EXPLICIT INSTRUCTIONS AS TO THE PROOF REQUIRED TO SUBMIT A CLAIM FOR ANY SPECIFIED PERIOD, AND THE SMALLEST AMOUNT YOU WILL PROCESS."

THE REGULATIONS FOR PROCESSING CLAIMS ARE SET FORTH IN THE CODE OF FEDERAL REGULATIONS, TITLE 4, BEGINNING WITH SECTION 30.1. FOR YOUR INFORMATION THOSE REGULATIONS IN PART ARE AS FOLLOWS:

"FILING REQUIREMENTS FOR CLAIMANTS

"SEC 31.2 FORM OF CLAIM.

"UNLESS OTHERWISE SPECIFICALLY PROVIDED, CLAIMS WILL BE CONSIDERED ONLY WHEN PRESENTED IN WRITING OVER THE SIGNATURE AND ADDRESS OF THE CLAIMANT OR OVER THE SIGNATURE OF THE CLAIMANT'S AUTHORIZED AGENT OR ATTORNEY. GENERALLY, NO PARTICULAR FORM IS REQUIRED FOR FILING A CLAIM; HOWEVER, CLAIM FORMS ARE PRESCRIBED IN SUCCEEDING PARTS OF THIS SUBCHAPTER FOR SPECIFIC CLASSES OF CLAIMS.

"SEC 31.3 CLAIM FILED BY ATTORNEY OR AGENT.

"A CLAIM FILED BY AN AGENT OR ATTORNEY MUST BE SUPPORTED BY A DULY EXECUTED POWER OF ATTORNEY OR OTHER DOCUMENTARY EVIDENCE OF THE AGENT'S OR ATTORNEY'S RIGHT TO ACT FOR THE CLAIMANT. SEE SEC 1.8 OF THIS CHAPTER.

"SEC 31.4 WHERE CLAIMS SHOULD BE FILED.

"ACTION WILL GENERALLY BE EXPEDITED IF CLAIMANTS FILE THEIR CLAIMS INITIALLY WITH THE ADMINISTRATIVE DEPARTMENT OR AGENCY OUT OF WHOSE ACTIVITIES THEY AROSE. CLAIMS WHICH CANNOT BE DISPOSED OF ADMINISTRATIVELY WILL BE TRANSMITTED TO THE TRANSPORTATION AND CLAIMS DIVISION OF THE GENERAL ACCOUNTING OFFICE BY THE ADMINISTRATIVE OFFICE. HOWEVER, AS TO CLAIM FILING REQUIREMENTS WHEN THE STATUTORY PERIOD OF LIMITATION IS ABOUT TO EXPIRE, SEE SEC 31.5. CLAIMS FILED DIRECT WITH THE GENERAL ACCOUNTING OFFICE SHOULD BE ADDRESSED TO:

TRANSPORTATION AND CLAIMS DIVISION,

U.S. GENERAL ACCOUNTING OFFICE,

WASHINGTON, D. C. 20548.

"INFORMATION RELATING TO CLAIMS

"SEC 31.6 INFORMATION RELATING TO CLAIMS PRESENTED TO THE TRANSPORTATION AND CLAIMS DIVISION OF THE GENERAL ACCOUNTING OFFICE.

"CLAIMANTS OR THEIR AUTHORIZED REPRESENTATIVES MAY OBTAIN INFORMATION RELATING TO CLAIMS WHICH HAVE BEEN PRESENTED TO THE TRANSPORTATION AND CLAIMS DIVISION OF THE GENERAL ACCOUNTING OFFICE BY ADDRESSING CORRESPONDENCE TO:

TRANSPORTATION AND CLAIMS DIVISION,

U.S. GENERAL ACCOUNTING OFFICE,

WASHINGTON, D. C. 20548.

OR BY CALLING IN PERSON AT THAT OFFICE AT 441 G STREET NW. ***.

"SEC 31.7 BASIS OF CLAIM SETTLEMENTS.

"CLAIMS ARE SETTLED ON THE BASIS OF THE FACTS AS ESTABLISHED BY THE GOVERNMENT AGENCY CONCERNED AND BY EVIDENCE SUBMITTED BY THE CLAIMANT. SETTLEMENTS ARE FOUNDED ON A DETERMINATION OF THE LEGAL LIABILITY OF THE UNITED STATES UNDER THE FACTUAL SITUATION INVOLVED AS ESTABLISHED BY THE WRITTEN RECORD. THE BURDEN IS ON CLAIMANTS TO ESTABLISH THE LIABILITY OF THE UNITED STATES, AND THE CLAIMANTS' RIGHT TO PAYMENT. THE SETTLEMENT OF CLAIMS IS BASED UPON THE WRITTEN RECORD ONLY.

"SEC 31.8 FORM OF CLAIM SETTLEMENTS.

"(A) ALLOWED CLAIMS. THE TRANSPORTATION AND CLAIMS DIVISION OF THE GENERAL ACCOUNTING OFFICE WILL CERTIFY CLAIMS FOR PAYMENT EITHER BY USE OF A CERTIFICATE OF SETTLEMENT, GAO FORM 39 OR BY CERTIFICATE OF ALLOWANCE PLACED ON THE VOUCHER WHEN VOUCHER PROCEDURES ARE IN EFFECT.

"(B) DISALLOWED CLAIMS. WHEN PART OF A CLAIM IS ALLOWED AND PART DISALLOWED, A STATEMENT RELATING TO THE DISALLOWED PORTION WILL BE INCLUDED ON THE CERTIFICATE OF SETTLEMENT OR THE VOUCHER. WHEN THE FULL AMOUNT OF A CLAIM IS DISALLOWED, THE CLAIMANT WILL BE ADVISED BY ISSUANCE OF SETTLEMENT CERTIFICATE, GAO FORM 44. ***

"SEC 32.1 WHO MAY OBTAIN REVIEW.

"SETTLEMENTS MADE PURSUANT TO 31 U.S.C. 71 WILL BE REVIEWED (A) IN THE DISCRETION OF THE COMPTROLLER GENERAL UPON THE WRITTEN APPLICATION OF (1) A CLAIMANT WHOSE CLAIM HAS BEEN SETTLED OR (2) THE HEAD OF THE DEPARTMENT OR GOVERNMENT ESTABLISHED TO WHICH THE CLAIM OR ACCOUNT RELATES, OR (B) UPON MOTION OF THE COMPTROLLER GENERAL AT ANY TIME.

"SEC 32.2 BASIS FOR REQUEST FOR REVIEW.

"APPLICATIONS FOR REVIEW OF CLAIM SETTLEMENTS SHOULD STATE THE ERRORS WHICH THE APPLICANT BELIEVES HAVE BEEN MADE IN THE SETTLEMENT AND WHICH FORM THE BASIS OF HIS REQUEST FOR RECONSIDERATION."

A MINIMUM AMOUNT HAS NOT BEEN ESTABLISHED BEFORE A CLAIM THEREFOR WOULD BE CONSIDERED. YOUR ATTENTION IS DIRECTED TO SECTION 31.7 QUOTED ABOVE WHICH STATES THE BASIS FOR SETTLEMENT OF A CLAIM.

WITH REGARD TO OUR PREVIOUS ACTION IN THIS MATTER, SINCE YOU HAVE SUBMITTED NO ADDITIONAL DATA PERTINENT TO YOUR CLAIM, WE HAVE REVIEWED THE SETTLEMENT ACTION OF MAY 25, 1973, AND FIND NO REASON THEREIN UPON WHICH THE PRIOR ACTION IN THIS MATTER MAY BE REVERSED. THEREFORE, UPON REVIEW, WE FIND NO BASIS PERMITTING PAYMENT OF YOUR CLAIM AND AFFIRM OUR MAY 25, 1973 SETTLEMENT.