[Comments on Air Force Officer's Claim for Property Damage]

B-252276.3 March 28, 1995

On reconsideration, our prior decision rejecting a claimant's meritorious claim is sustained when a claimant essentially reargues his rendition of the facts, which we had considered in our decision, and when he fails to demonstrate that we acted improperly in abstaining from using our authority under the Meritorious Claims Act, 31 U.S.C. Sec. 3702(d) to review a Service secretary's denial of the claimant's Military Personnel and Civilian Employees' Claims Act claim.

Major                         Hanscom AFB, MA 01731-2608

Dear Major            :

This refers to your March 14, 1995, letter requesting that we reconsider our January 17, 1995, decision rejecting submission of your claim for property damage in the amount of $1,404.70 to the Congress as a meritorious claim.

In our decision, we informed you that we generally decline to consider a claim as a meritorious claim when the underlying authority to reach a conclusive settlement is within the exclusive jurisdiction of another agency. Here, the Secretary of the Air Force or his designee, under the Military Personnel and Civilian Employees' Claims Act, 31 U.S.C. Sec. 3721, is authorized to grant the relief you are seeking. His action is final. The matter therefore falls outside our settlement authority. As we noted in our earlier letter to you, any request for relief is a matter within the jurisdiction of the Air Force.