B-162721, JAN. 11, 1968

B-162721, JAN. 11, 1968

CLAIMS - MERITORIOUS DECISION TO AIR FORCE MEMBER DENYING CLAIM UNDER MERITORIOUS CLAIMS ACT OF CLAIM FOR RENT AND EXPENSES AS RESULT OF LATE DELIVERY OF HOUSEHOLD EFFECTS OVERSEAS. ALTHOUGH MEMBER OF UNIFORMED SERVICES INCURRED ADDITIONAL LIVING EXPENSES AS RESULT OF IMPROPER HANDLING OF SHIPMENT OF HOUSEHOLD EFFECTS, THE LAW AND REGULATIONS LIMITS LIABILITY OF THE GOVT. AND THEREFORE THE CLAIM DOES NOT CONTAIN ELEMENTS OF LEGAL LIABILITY OR EQUITY THAT WOULD WARRANT REPORTING TO CONGRESS. SEE DECISION OF DEC. 4, 1967.

TO STAFF SERGEANT VERNELL BURRIS, AF17383556:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 8, 1967, AND ENCLOSURES, REQUESTING RECONSIDERATION OF OUR DECISION OF DECEMBER 4, 1967, B-162721, RELATIVE TO YOUR CLAIM FOR RENT AND OTHER EXPENSES INCURRED AS A RESULT OF LATE DELIVERY OF YOUR HOUSEHOLD GOODS TO YOUR OVERSEAS STATION. THE AIR FORCE RECOMMENDED THAT WE CONSIDER THE CLAIM UNDER THE MERITORIOUS CLAIMS ACT OF 1928, 31 U.S.C. 236.

YOU WERE ADVISED IN THE DECISION OF DECEMBER 4, 1967, THAT WHILE THE RECORD SUPPORTS A CONCLUSION THAT YOU INCURRED ADDITIONAL LIVING EXPENSES AS A RESULT OF THE IMPROPER HANDLING OF YOUR HOUSEHOLD GOODS, THE LIABILITY OF THE GOVERNMENT IS LIMITED TO THAT PROVIDED BY THE LAW AND REGULATIONS AND WE ARE NOT AWARE OF ANY PROVISION OF LAW OR REGULATION AUTHORIZING PAYMENT TO YOU OF ANY AMOUNT FOR EXPENSES INCURRED ON ACCOUNT OF THE LATE DELIVERY OF YOUR HOUSEHOLD GOODS. YOU WERE ALSO ADVISED THAT OTHER MEMBERS OF THE UNIFORMED SERVICES IN SITUATIONS SIMILAR TO YOURS ARE SUBJECT TO THE SAME LAWS AND REGULATIONS AND OCCASIONAL FINANCIAL BURDENS RESULTING FROM THOSE LAWS AND REGULATIONS; AND WE DO NOT CONSIDER THAT YOUR CLAIM CONTAINS SUCH ELEMENTS OF LEGAL LIABILITY OR EQUITY AS WOULD WARRANT REPORTING IT TO THE CONGRESS UNDER THE MERITORIOUS CLAIMS ACT OF 1928.

THE INFORMATION FURNISHED IN YOUR LETTER OF DECEMBER 8, 1967, AND ENCLOSURES, AS A BASIS FOR RECONSIDERING YOUR CLAIM WAS TAKEN INTO CONSIDERATION IN THE PRIOR ACTION ON YOUR CASE AND, AS POINTED OUT IN THE DECISION OF DECEMBER 4, 1967, THERE IS NO AUTHORITY FOR THE ALLOWANCE OF YOUR CLAIM. ACCORDINGLY, WHILE WE APPRECIATE YOUR FEELINGS IN THE MATTER, WE HAVE NO ALTERNATIVE BUT TO SUSTAIN THE CONCLUSION REACHED IN THIS DECISION.

WITH REGARD TO YOUR STATED INTENTION TO SUBMIT THE CLAIM TO A MEMBER OF CONGRESS UNDER THE MERITORIOUS CLAIMS ACT OF 1928, 31 U.S.C. 236, IF, UPON RECONSIDERATION, WE MAY NOT DO SO, THE ACT PROVIDES:

"WHEN THERE IS FILED IN THE GENERAL ACCOUNTING OFFICE A CLAIM OR DEMAND AGAINST THE UNITED STATES THAT MAY NOT LAWFULLY BE ADJUSTED BY THE USE OF AN APPROPRIATION THERETOFORE MADE, BUT WHICH CLAIM OR DEMAND IN THE JUDGMENT OF THE COMPTROLLER GENERAL OF THE UNITED STATES CONTAINS SUCH ELEMENTS OF LEGAL LIABILITY OR EQUITY AS TO BE DESERVING OF THE CONSIDERATION OF THE CONGRESS, HE SHALL SUBMIT THE SAME TO THE CONGRESS BY A SPECIAL REPORT CONTAINING THE MATERIAL FACTS AND HIS RECOMMENDATION THEREON.' THUS, THE CONGRESSIONAL REFERENCE AUTHORITY CONTAINED IN THE MERITORIOUS CLAIMS ACT IS LIMITED TO THIS OFFICE. YOU MAY, OF COURSE, SUBMIT YOUR CLAIM TO A MEMBER OF CONGRESS FOR SUCH ASSISTANCE AS HE MAY DESIRE TO GIVE YOU IN THE MATTER.