B-195743(2), SEP 17, 1979

B-195743(2): Sep 17, 1979

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WE HAVE SUSTAINED THE DISALLOWANCE OF OUR CLAIMS DIVISION IN OUR DECISION OF TODAY. KOSH WAS HIRED IN VIETNAM AND WAS NOT ELIGIBLE FOR THE ALLOWANCES UNDER THE APPLICABLE REGULATIONS. THERE IS NOTHING IN THE RECORD WHICH WOULD CAUSE US TO QUESTION THE AGENCY'S DETERMINATION THAT HE WAS RECRUITED OVERSEAS AND WAS NOT RECRUITED AGAIN IN THE UNITED STATES WHEN HE RETURNED TO THE UNITED STATES FOR HOSPITALIZATION.

B-195743(2), SEP 17, 1979

PRECIS-UNAVAILABLE

GARY HART, UNITED STATES SENATOR:

WE REFER FURTHER TO YOUR LETTER OF JULY 18, 1979, CONCERNING THE DISALLOWANCE OF A CLAIM FOR OVERSEAS ENTITLEMENTS OF GERALD E. KOSH, 1374 WEST 84TH, APARTMENT 2111, DENVER, COLORADO 80221.

WE HAVE SUSTAINED THE DISALLOWANCE OF OUR CLAIMS DIVISION IN OUR DECISION OF TODAY, B-195743, COPY ATTACHED. MR. KOSH WAS HIRED IN VIETNAM AND WAS NOT ELIGIBLE FOR THE ALLOWANCES UNDER THE APPLICABLE REGULATIONS. ALSO, THERE IS NOTHING IN THE RECORD WHICH WOULD CAUSE US TO QUESTION THE AGENCY'S DETERMINATION THAT HE WAS RECRUITED OVERSEAS AND WAS NOT RECRUITED AGAIN IN THE UNITED STATES WHEN HE RETURNED TO THE UNITED STATES FOR HOSPITALIZATION.

WE REGRET THAT WE COULD NOT COME TO A MORE FAVORABLE DETERMINATION FOR YOUR CONSTITUENT.