B-73238, MAR. 26, 1962

B-73238: Mar 26, 1962

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COOK: REFERENCE IS MADE TO YOUR LETTER OF MARCH 7. S-1203) ARE SET FORTH IN THE DECISION OF JUNE 28. REFERRED TO IN YOUR LETTER AND WILL NOT BE REPEATED HERE. WAS ALLOWED IN THE AMOUNT OF $76.01 AS ADMINISTRATIVELY RECOMMENDED BY SETTLEMENT OF MARCH 3. THE BALANCE OF THE AMOUNT CLAIMED WAS DISALLOWED. THE SETTLEMENT ACTION WAS SUSTAINED FOR THE REASONS STATED IN THE DECISION OF JUNE 28. A COPY OF WHICH DECISION YOU STATE WAS FURNISHED TO YOU BY THE CLAIMANTS. SINCE NOTHING IN THE CLAIMANTS' LETTER JUSTIFIED ANY CHANGE OR MODIFICATION OF THE ACTION PREVIOUSLY TAKEN THE CHECK WAS FILED FOR SAFEKEEPING. UNTIL THE RECEIPT OF YOUR LETTER THERE IS NO RECORD HERE OF ANY FURTHER COMMUNICATION FROM THE CLAIMANTS.

B-73238, MAR. 26, 1962

TO MR. FARRELL E. COOK:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 7, 1962, INQUIRING WHETHER TWO CLAIMS FILED BY MR. AND MRS. LOUIS M. STEEN, ROUTE 4, BOX 2222, BREMERTON, WASHINGTON--- ONE FOR DAMAGE AND THE OTHER FOR RENTAL OF THEIR PROPERTY--- MAY BE REACTIVATED AND BROUGHT TO SOME CONCLUSION.

THE FACTS INCIDENT TO THE CLAIM FOR RENTAL (NO. S-1203) ARE SET FORTH IN THE DECISION OF JUNE 28, 1948, B-73238, REFERRED TO IN YOUR LETTER AND WILL NOT BE REPEATED HERE. THE CLAIM FOR RENT ASSERTED IN THE AMOUNT OF $506.25, WAS ALLOWED IN THE AMOUNT OF $76.01 AS ADMINISTRATIVELY RECOMMENDED BY SETTLEMENT OF MARCH 3, 1948, AND THE BALANCE OF THE AMOUNT CLAIMED WAS DISALLOWED. THE SETTLEMENT ACTION WAS SUSTAINED FOR THE REASONS STATED IN THE DECISION OF JUNE 28, 1948, A COPY OF WHICH DECISION YOU STATE WAS FURNISHED TO YOU BY THE CLAIMANTS.

BY LETTER DATED JULY 10, 1948, THE CLAIMANTS RETURNED CHECK NO. 364 271, DATED MARCH 11, 1948, IN THE AMOUNT OF $76.01 REPRESENTING THE AMOUNT ALLOWED BY THE SETTLEMENT OF MARCH 3, 1948, AND STATED THAT THEY REFUSED TO ACCEPT SAME IN SATISFACTION OF THEIR CLAIM FOR RENTAL. SINCE NOTHING IN THE CLAIMANTS' LETTER JUSTIFIED ANY CHANGE OR MODIFICATION OF THE ACTION PREVIOUSLY TAKEN THE CHECK WAS FILED FOR SAFEKEEPING. UNTIL THE RECEIPT OF YOUR LETTER THERE IS NO RECORD HERE OF ANY FURTHER COMMUNICATION FROM THE CLAIMANTS. IN THE MEANTIME, THE CHECK HAS BEEN DESTROYED. IN THE CIRCUMSTANCES, IF THE CLAIMANTS NOW ARE WILLING TO ACCEPT THE AMOUNT ADMINISTRATIVELY APPROVED FOR PAYMENT ON THEIR CLAIM FOR RENTAL AND WILL SO NOTIFY OUR OFFICE, THE NECESSARY ACTION WILL BE TAKEN TO ISSUE A NEW CHECK IN THE AMOUNT OF $76.01 FOR DELIVERY TO THEM. ON THE RECORD HERE, THERE IS NO PROPER BASIS FOR ANY ADDITIONAL ALLOWANCE.

AS TO THE OTHER CLAIM (NO. S-1204) REFERRED TO IN YOUR LETTER OUR RECORDS SHOW THAT ON APRIL 10, 1947, MR. AND MRS. STEEN FILED A CLAIM WITH THE DIVISION ENGINEER, NORTH PACIFIC DIVISION, SEATTLE, WASHINGTON, FOR $280 FOR DAMAGES ALLEGED TO HAVE RESULTED FROM THE OCCUPANCY OF THEIR PROPERTY FOR MILITARY PURPOSES UNDER A PERMIT DATED DECEMBER 30, 1941; THAT THE CLAIM WAS CONSIDERED BY THE DIVISION ENGINEER AS WITHIN THE SCOPE OF THE ACT OF JULY 3, 1943, 57 STAT. 372; THAT THE CLAIM WAS APPROVED FOR PAYMENT BY THE DIVISION ENGINEER IN THE AMOUNT OF $130; AND THAT LETTERS DATED MAY 22, 1947, AND JUNE 5, 1947, THE CLAIMANTS WERE INFORMED OF THEIR RIGHT OF APPEAL FROM THE ACTION TAKEN BY THE DIVISION ENGINEER. THE RECORD HERE, HOWEVER, FAILS TO DISCLOSE WHAT FURTHER ACTION, IF ANY, WAS TAKEN BY THE CLAIMANTS OR THE WAR DEPARTMENT (NOW DEPARTMENT OF THE ARMY). ACCORDINGLY, AND SINCE SECTION 1 OF THE ACT OF JULY 3, 1943, SPECIFICALLY PROVIDES THAT ANY SETTLEMENT MADE UNDER THAT ACT--- SHALL BE FINAL AND CONCLUSIVE FOR ALL PURPOSES, NOTWITHSTANDING ANY OTHER PROVISION OF LAW," ANY FURTHER CORRESPONDENCE WITH RESPECT TO CLAIM NO. S-1204 FOR DAMAGES TO THE INVOLVED PROPERTY SHOULD BE ADDRESSED TO CHIEF, CLAIMS DIVISION, OFFICE OF JUDGE ADVOCATE GENERAL, U.S. ARMY, FORT HOLABIRD, BALTIMORE 19, MARYLAND.