B-137318, MAR. 6, 1961

B-137318: Mar 6, 1961

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SCHUBERT: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 28. YOUR LETTER WAS REFERRED TO OUR OFFICE FOR APPROPRIATE REPLY. YOUR CLAIM WAS DISALLOWED BY OUR SETTLEMENT DATED AUGUST 6. WAS CAREFULLY CONSIDERED AND IN DECISION TO YOU DATED NOVEMBER 20. YOU WERE ADVISED IN DETAIL AS TO THE REASONS YOU WERE NOT IN A TRAVEL STATUS SO AS TO BE ENTITLED TO REIMBURSEMENT OF THE TRAVEL EXPENSES INCURRED DURING THE PERIOD OF YOUR CLAIM. YOU WERE ADVISED THAT YOUR COMMUNICATION OF MAY 21. OUR OFFICE IS REQUIRED TO SETTLE CLAIMS ON THE BASIS OF THE APPLICABLE LAW AND REGULATIONS AND THUS HAS NO CHOICE OTHER THAN TO AFFIRM THE PRIOR DECISIONS IN YOUR CASE.

B-137318, MAR. 6, 1961

TO MR. ROY G. SCHUBERT:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 28, 1960, TO THE PRESIDENT OF THE UNITED STATES, REQUESTING ASSISTANCE ON YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED INCIDENT TO TRAVEL PERFORMED BY PRIVATELY OWNED CAR FOR OFFICIAL USE DURING THE PERIOD DECEMBER 1, 1950, TO JULY 20, 1951, WHILE ON ACTIVE DUTY AS SERGEANT, ARMY OF THE UNITED STATES. YOUR LETTER WAS REFERRED TO OUR OFFICE FOR APPROPRIATE REPLY.

YOUR CLAIM WAS DISALLOWED BY OUR SETTLEMENT DATED AUGUST 6, 1956. SIMILAR CLAIM DATED MAY 26, 1958, WAS CAREFULLY CONSIDERED AND IN DECISION TO YOU DATED NOVEMBER 20, 1958, B-137318, YOU WERE ADVISED IN DETAIL AS TO THE REASONS YOU WERE NOT IN A TRAVEL STATUS SO AS TO BE ENTITLED TO REIMBURSEMENT OF THE TRAVEL EXPENSES INCURRED DURING THE PERIOD OF YOUR CLAIM. BY LETTER OF DECEMBER 15, 1959, YOU WERE ADVISED THAT YOUR COMMUNICATION OF MAY 21, 1959, FURTHER RELATING TO YOUR CLAIM, PRESENTED NO INFORMATION OR FACTS NOT PREVIOUSLY CONSIDERED AND DID NOT WARRANT ANY MODIFICATION OF OUR PRIOR ACTION IN THE MATTER. SUBSEQUENTLY, WE RECEIVED AN INQUIRY FROM THE HONORABLE GEORGE A. KASEN, HOUSE OF REPRESENTATIVES, REQUESTING A REPORT WITH RESPECT TO YOUR CLAIM, AND IN OUR REPORT OF FEBRUARY 15, 1960, WE AGAIN AFFIRMED THE DISALLOWANCE, STATING THAT WE KNEW OF NO AUTHORITY FOR THE ALLOWANCE OF YOUR CLAIM, NOR OF ANY INFORMATION THAT YOU MIGHT FURNISH WHICH WOULD WARRANT PAYMENT OF ANY PART OF THE CLAIM.

YOUR PRESENT LETTER CONTAINS NO RELEVANT FACTS NOT PREVIOUSLY CONSIDERED AND DOES NOT WARRANT ANY DIFFERENT ACTION IN THE MATTER. OUR OFFICE IS REQUIRED TO SETTLE CLAIMS ON THE BASIS OF THE APPLICABLE LAW AND REGULATIONS AND THUS HAS NO CHOICE OTHER THAN TO AFFIRM THE PRIOR DECISIONS IN YOUR CASE.

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