B-152648, APR. 16, 1964
Highlights
YOU HAVE SUBMITTED CERTAIN EXHIBITS FOR THE RECORD. WILL SUPPORT YOUR CLAIM DATED JULY 16. YOU HAVE STATED CERTAIN VIEWS REGARDING YOUR CLAIM FOR ADDITIONAL SALARY AS AN EMPLOYEE OF THE AIR FORCE. "SETTLEMENTS MADE PURSUANT TO 31 U.S.C. 71 WILL BE REVIEWED (A) IN THE DISCRETION OF THE COMPTROLLER GENERAL UPON THE WRITTEN APPLICATION OF (1) A CLAIMANT WHOSE CLAIM HAS BEEN SETTLED OR (2) THE HEAD OF THE DEPARTMENT OR GOVERNMENT ESTABLISHMENT TO WHICH THE CLAIM OR ACCOUNT RELATES. "APPLICATIONS FOR REVIEW OF CLAIM SETTLEMENTS SHOULD STATE THE ERRORS WHICH THE APPLICANT BELIEVES HAVE BEEN MADE IN THE SETTLEMENT AND WHICH FORM THE BASIS OF HIS REQUEST FOR RECONSIDERATION. "32.3 RETURN OF CHECK OR WARRANT WITH REQUEST FOR REVIEW.
B-152648, APR. 16, 1964
TO MR. EDWARD S. ENOS:
WITH YOUR LETTERS OF FEBRUARY 17, MARCH 23, MARCH 25, AND APRIL 1, 1964, YOU HAVE SUBMITTED CERTAIN EXHIBITS FOR THE RECORD, WHICH, YOU INSIST, WILL SUPPORT YOUR CLAIM DATED JULY 16, 1962, FOR ADDITIONAL SALARY AS AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE.
IN THOSE LETTERS AND IN YOUR LETTER OF SEPTEMBER 28, 1963, AS WELL AS IN SEVERAL CONFERENCES RECENTLY WITH REPRESENTATIVES OF THIS OFFICE, YOU HAVE STATED CERTAIN VIEWS REGARDING YOUR CLAIM FOR ADDITIONAL SALARY AS AN EMPLOYEE OF THE AIR FORCE, AZORES AIR TRANSPORT STATION, ATLANTIC DIVISION, MATS, APO 406, NEW YORK, NEW YORK.
WE NOW MUST DIRECT YOUR ATTENTION TO THE PROVISIONS OF 31 U.S.C. 52 (F) AND 71, AND BY VIRTUE THEREOF, TO THE REGULATION CONTAINED IN 4 CFR, PART 32, READING AS FOLLOWS:
"32.1 WHO MAY OBTAIN REVIEW.
"SETTLEMENTS MADE PURSUANT TO 31 U.S.C. 71 WILL BE REVIEWED (A) IN THE DISCRETION OF THE COMPTROLLER GENERAL UPON THE WRITTEN APPLICATION OF (1) A CLAIMANT WHOSE CLAIM HAS BEEN SETTLED OR (2) THE HEAD OF THE DEPARTMENT OR GOVERNMENT ESTABLISHMENT TO WHICH THE CLAIM OR ACCOUNT RELATES, OR (B) UPON MOTION OF THE COMPTROLLER GENERAL AT ANY TIME.
"32.2 BASIS FOR REQUEST FOR REVIEW.
"APPLICATIONS FOR REVIEW OF CLAIM SETTLEMENTS SHOULD STATE THE ERRORS WHICH THE APPLICANT BELIEVES HAVE BEEN MADE IN THE SETTLEMENT AND WHICH FORM THE BASIS OF HIS REQUEST FOR RECONSIDERATION.
"32.3 RETURN OF CHECK OR WARRANT WITH REQUEST FOR REVIEW.
"UNLESS OTHERWISE DIRECTED BY THE COMPTROLLER GENERAL ON THE PRESENTATION OF PROPER FACTS IN THE PARTICULAR CASE, THE CHECK ISSUED UPON A SETTLEMENT MUST NOT BE CASHED WHEN ITS AMOUNT INCLUDES ANY ITEM AS TO WHICH REVIEW IS APPLIED FOR, BUT SHOULD ACCOMPANY THE APPLICATION FOR REVIEW.'
YOUR LETTERS, REFERRED TO ABOVE, BRING YOUR REQUEST AND PRIOR CLAIM WITHIN THE PURVIEW OF SECTIONS 32.1 AND 32.2 OF THE CITED REGULATION.
THEREFORE, BASED UPON THE FACTS AND CIRCUMSTANCES YOU HAVE PRESENTED AS JUSTIFYING OUR REVIEW OF YOUR CLAIM, AND IN LINE WITH THE PURPOSE AND INTENT OF THE REGULATION, SECTION 32.3, QUOTED ABOVE, THE SO CALLED SETTLEMENT CHECK WHICH YOU SAY HAS NOT BEEN CASHED BY YOU SHOULD BE FORWARDED PROMPTLY TO THIS OFFICE. THE AMOUNT OF SUCH CHECK, OF COURSE, IS SUBJECT TO FURTHER CONSIDERATION INCIDENT TO THE REVIEW OF THE CLAIM DATED JULY 16, 1962, AND OF THE FACTS AND CIRCUMSTANCES SUBSEQUENTLY ASSERTED BY YOU.