B-153981, JUL. 7, 1964

B-153981: Jul 7, 1964

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DALTON: REFERENCE IS MADE TO YOUR LETTER OF MAY 29. MAY NOT BE PAID UNLESS THERE IS A CONTRACT SPECIFICALLY PROVIDING FOR PAYMENT OF INTEREST. YOUR PRESENT LETTER CONTAINS NO INFORMATION NOT PREVIOUSLY CONSIDERED AND DOES NOT CHANGE THE FACT THAT THERE IS NO AUTHORITY UNDER LAW FOR THE PAYMENT OF YOUR CLAIM FOR INTEREST. WE HAVE NO OTHER CHOICE THAN TO AFFIRM THE PRIOR DECISION IN YOUR CASE.

B-153981, JUL. 7, 1964

TO MR. WILLIAM H. DALTON:

REFERENCE IS MADE TO YOUR LETTER OF MAY 29, 1964, PERTAINING TO YOUR CLAIM FOR INTEREST BELIEVED TO BE DUE YOU 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 OUR DECISION OF MAY 27, 1964, B-153981, WE EXPLAINED IN DETAIL WHY INTEREST ON CLAIMS AGAINST THE UNITED STATES, INCLUDING CLAIMS ARISING UNDER CIRCUMSTANCES SUCH AS THOSE INVOLVED IN YOUR CASE, MAY NOT BE PAID UNLESS THERE IS A CONTRACT SPECIFICALLY PROVIDING FOR PAYMENT OF INTEREST, OR AN ACT OF CONGRESS EXPRESSLY PROVIDING THEREFOR. SINCE YOUR CLAIM DID NOT MEET THOSE REQUIREMENTS WE HAD NO ALTERNATIVE BUT TO SUSTAIN THE DISALLOWANCE OF YOUR CLAIM FOR SUCH INTEREST.

YOUR PRESENT LETTER CONTAINS NO INFORMATION NOT PREVIOUSLY CONSIDERED AND DOES NOT CHANGE THE FACT THAT THERE IS NO AUTHORITY UNDER LAW FOR THE PAYMENT OF YOUR CLAIM FOR INTEREST. ACCORDINGLY, WHILE APPRECIATING YOUR FEELINGS, WE HAVE NO OTHER CHOICE THAN TO AFFIRM THE PRIOR DECISION IN YOUR CASE.