B-70490, APR. 10, 1967

B-70490: Apr 10, 1967

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

AS YOU ARE AWARE YOUR CLAIM WAS THE SUBJECT OF A SETTLEMENT BY THE GENERAL ACCOUNTING OFFICE AND OF A DECISION BY THE COMPTROLLER GENERAL OF THE UNITED STATES. ON THE FACTS OF RECORD BOTH THE SETTLEMENT AND THE DECISION NECESSARILY WERE UNFAVORABLE TO YOU UNDER THE APPLICABLE STATUTES AND REGULATIONS. WE HAVE REEXAMINED THE FILE IN YOUR CASE AND CAN FIND NOTHING THAT WOULD WARRANT A LEGAL CONCLUSION DIFFERENT FROM THAT REACHED IN OUR EARLIER DECISION. WE HAVE NO AUTHORITY TO ALLOW PURELY EQUITABLE CLAIMS. THE RECORD DOES SHOW THAT ANY EQUITABLE ASPECTS OF YOUR CLAIM WERE THE SUBJECT OF SOME FOUR BILLS INTRODUCED IN THE CONGRESS DURING THE YEARS 1947 TO 1953. NONE OF THESE BILLS WAS ENACTED INTO LAW.

B-70490, APR. 10, 1967

TO MR. G. BRINTON FAGEN:

WE REFER TO YOUR LETTER OF MARCH 8, 1967, IN WHICH YOU REQUEST FURTHER CONSIDERATION OF YOUR CLAIM FOR TRAVEL AND SUBSISTENCE EXPENSES INCURRED BY YOU IN 1942 INCIDENT TO YOUR EMPLOYMENT WITH THE DEPARTMENT OF THE NAVY AT MECHANICSBURG, PENNSYLVANIA.

AS YOU ARE AWARE YOUR CLAIM WAS THE SUBJECT OF A SETTLEMENT BY THE GENERAL ACCOUNTING OFFICE AND OF A DECISION BY THE COMPTROLLER GENERAL OF THE UNITED STATES, THE LATTER DATED OCTOBER 29, 1947, UNDER REFERENCE B- 70490. ON THE FACTS OF RECORD BOTH THE SETTLEMENT AND THE DECISION NECESSARILY WERE UNFAVORABLE TO YOU UNDER THE APPLICABLE STATUTES AND REGULATIONS. WE HAVE REEXAMINED THE FILE IN YOUR CASE AND CAN FIND NOTHING THAT WOULD WARRANT A LEGAL CONCLUSION DIFFERENT FROM THAT REACHED IN OUR EARLIER DECISION. WE HAVE NO AUTHORITY TO ALLOW PURELY EQUITABLE CLAIMS, THAT BEING A FUNCTION OF THE CONGRESS.

THE RECORD DOES SHOW THAT ANY EQUITABLE ASPECTS OF YOUR CLAIM WERE THE SUBJECT OF SOME FOUR BILLS INTRODUCED IN THE CONGRESS DURING THE YEARS 1947 TO 1953. NONE OF THESE BILLS WAS ENACTED INTO LAW.

IN THE CIRCUMSTANCES REFERRED TO ABOVE FURTHER CORRESPONDENCE CONCERNING YOUR CLAIM CAN SERVE NO USEFUL PURPOSE.