B-252276.2 January 17, 1995

B-252276.2: Jan 17, 1995

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We have no jurisdiction to review claims filed under the Military Personnel and Civilian Employees' Claims Act. Only the head of an agency (here the Secretary of the Air Force) or his designee is authorized to settle and pay such claims of a service member for damage to or loss of personal property incident to service. The Secretary's settlement is final and conclusive. This Office has generally declined to consider meritorious claims when the underlying authority to make conclusive settlements is within the exclusive jurisdiction of another agency. 1989 delivery which reasonably apprised it that items from that delivery were lost or damaged. If such a document is found.

B-252276.2 January 17, 1995

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Major Glenn W. McGee 50 Offutt Road Hanscom AFB, MA 01731-2608

Dear Major McGee:

We refer to your request that we review our settlement of October 28, 1992 (Z-2868081), rejecting submission of your claim for property damage in the amount of $1,404.70 to the Congress as a meritorious claim under 31 U.S.C. Sec. 3702(d). We affirm the prior decision.

As our settlement indicated, we have no jurisdiction to review claims filed under the Military Personnel and Civilian Employees' Claims Act, 31 U.S.C. Sec. 3721. Under that Act, only the head of an agency (here the Secretary of the Air Force) or his designee is authorized to settle and pay such claims of a service member for damage to or loss of personal property incident to service. The Secretary's settlement is final and conclusive. See B-222198, Apr. 10, 1986, and Claim of Deborah S. Caldwell, B-217861, June 24, 1985. Furthermore, this Office has generally declined to consider meritorious claims when the underlying authority to make conclusive settlements is within the exclusive jurisdiction of another agency. Id; Suzanne C. Cramond, 62 Comp.Gen. 280 (1983).

The Air Force rejected your initial claim for loss and damage to your household goods because you failed to notiiy the carrier of the damage within 75 days of the delivery. While we cannot process your claim as requested, we suggest that you review the record carefully to identify any document dispatched to the carrier within 75 days after the December 29, 1989 delivery which reasonably apprised it that items from that delivery were lost or damaged. If such a document is found, the Air Force, in its discretion, may reconsider your claim.