B-153981, JUL. 23, 1964

B-153981: Jul 23, 1964

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DALTON: REFERENCE IS MADE TO YOUR LETTER OF JULY 9. IN YOUR LETTER YOU STATE THAT IF YOU ARE NOT ENTITLED TO INTEREST YOU SHOULD BE ENTITLED TO DAMAGES SUSTAINED. YOU ARE FILING A CLAIM THEREFOR IN THE AMOUNT OF $400. AS WE HAVE STATED IN OUR PREVIOUS DECISIONS. THERE IS NO LIABILITY ON THE PART OF THE GOVERNMENT FOR THE PAYMENT OF INTEREST ON CLAIMS AGAINST THE UNITED STATES UNLESS THERE IS A CONTRACT OR AN ACT OF CONGRESS EXPRESSLY PROVIDING THEREFOR. THIS IS TRUE EVEN IF THE CLAIM FOR SUCH INTEREST IS IN THE FORM OF DAMAGES. SINCE THERE IS NO CONTRACT OR LAW AUTHORIZING THE PAYMENT OF INTEREST IN YOUR CASE. THERE IS NO AUTHORITY FOR THE PAYMENT OF ANY AMOUNT AS DAMAGES IN LIEU OF INTEREST.

B-153981, JUL. 23, 1964

TO MR. WILLIAM H. DALTON:

REFERENCE IS MADE TO YOUR LETTER OF JULY 9, 1964, RELATIVE TO OUR DECISIONS OF MAY 27 AND JULY 7, 1964, B-153981, WHICH SUSTAINED OUR ACTION OF APRIL 6, 1964, IN DISALLOWING YOUR CLAIM FOR INTEREST ON THE AMOUNT REFUNDED TO YOU AS FAMILY ALLOWANCE CONTRIBUTIONS MADE BY YOU WHILE ON ACTIVE DUTY AS A MEMBER OF THE ARMY OF THE UNITED STATES FROM FEBRUARY 1, 1943, TO NOVEMBER 17, 1945.

IN YOUR LETTER YOU STATE THAT IF YOU ARE NOT ENTITLED TO INTEREST YOU SHOULD BE ENTITLED TO DAMAGES SUSTAINED, AND YOU ARE FILING A CLAIM THEREFOR IN THE AMOUNT OF $400.

AS WE HAVE STATED IN OUR PREVIOUS DECISIONS, THERE IS NO LIABILITY ON THE PART OF THE GOVERNMENT FOR THE PAYMENT OF INTEREST ON CLAIMS AGAINST THE UNITED STATES UNLESS THERE IS A CONTRACT OR AN ACT OF CONGRESS EXPRESSLY PROVIDING THEREFOR. THIS IS TRUE EVEN IF THE CLAIM FOR SUCH INTEREST IS IN THE FORM OF DAMAGES. THEREFORE, SINCE THERE IS NO CONTRACT OR LAW AUTHORIZING THE PAYMENT OF INTEREST IN YOUR CASE, THERE IS NO AUTHORITY FOR THE PAYMENT OF ANY AMOUNT AS DAMAGES IN LIEU OF INTEREST. ACCORDINGLY OUR PRIOR DECISIONS IN YOUR CASE ARE AFFIRMED.