B-161434, FEB. 20, 1970

B-161434: Feb 20, 1970

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WE ADVISED YOU WE WERE REQUESTING A FURTHER REPORT FROM THE DEPARTMENT OF THE NAVY PERTAINING TO THE MATTER SET FORTH IN YOUR LETTER OF OCTOBER 7. THE DEFENSE FACILITIES ADMINISTRATIVE AGENCY OF THE GOVERNMENT OF JAPAN ADVISES THAT THERE WERE SUBSTANTIAL EVALUATION INCREASES IN RESIDENTIAL PROPERTIES IN THE SIX LARGEST CITIES OF JAPAN DURING THE PERIOD 1952 TO 1959. IT IS OUR CONCLUSION THAT THE DETERMINATION MADE BY THE DEPARTMENT IN ACCORDANCE WITH THE DISCRETIONARY AUTHORITY GRANTED BY THAT AGENCY BY 031.1 OF THE STANDARDIZED REGULATIONS WAS NOT ARBITRARY OR CAPRICIOUS AND. IS NOT SUBJECT TO MODIFICATION BY THIS OFFICE. NIKI'S CLAIM IS AFFIRMED.

B-161434, FEB. 20, 1970

TO ROBERT WEINBERGER:

WE REFER AGAIN TO YOUR LETTER OF OCTOBER 7, 1969, REQUESTING RECONSIDERATION OF THE ACTION PREVIOUSLY TAKEN BY OUR OFFICE CONCERNING THE CLAIM OF MR. JOSEPH F. NIKI FOR LIVING QUARTERS ALLOWANCE COVERING THE PERIOD OCTOBER 1, 1961, THROUGH JUNE 4, 1962. IN OUR LETTER OF NOVEMBER 10, 1969, WE ADVISED YOU WE WERE REQUESTING A FURTHER REPORT FROM THE DEPARTMENT OF THE NAVY PERTAINING TO THE MATTER SET FORTH IN YOUR LETTER OF OCTOBER 7. THAT REPORT HAS NOW BEEN RECEIVED.

ACCORDING TO SUCH REPORT, THE DEFENSE FACILITIES ADMINISTRATIVE AGENCY OF THE GOVERNMENT OF JAPAN ADVISES THAT THERE WERE SUBSTANTIAL EVALUATION INCREASES IN RESIDENTIAL PROPERTIES IN THE SIX LARGEST CITIES OF JAPAN DURING THE PERIOD 1952 TO 1959. THE LETTER POINTS OUT THAT DURING SUCH PERIOD RESIDENTIAL PROPERTIES APPRECIATED OVER 835 PERCENT.

IN VIEW OF THE ADDITIONAL INFORMATION RECEIVED FROM THE DEPARTMENT OF THE NAVY, IT IS OUR CONCLUSION THAT THE DETERMINATION MADE BY THE DEPARTMENT IN ACCORDANCE WITH THE DISCRETIONARY AUTHORITY GRANTED BY THAT AGENCY BY 031.1 OF THE STANDARDIZED REGULATIONS WAS NOT ARBITRARY OR CAPRICIOUS AND, THEREFORE, IS NOT SUBJECT TO MODIFICATION BY THIS OFFICE.

ACCORDINGLY, UPON THE PRESENT RECORD PREVIOUS ACTION TAKEN BY THIS OFFICE CONCERNING MR. NIKI'S CLAIM IS AFFIRMED.