B-148986, AUG. 10, 1962

B-148986, AUG. 10, 1962

TO MRS. YVONNE H. STUART:

REFERENCE IS MADE TO YOUR LETTER OF JULY 28, 1962, PROTESTING OUR DECISION OF JULY 3, 1962, TO YOU, SUSTAINING THE ACTION TAKEN IN SETTLEMENT OF MAY 8, 1962, INVOLVING YOUR CLAIM FOR DAMAGES TO THE PREMISES LOCATED AT 260 BLACKSTONE DRIVE, SAN RAFAEL, CALIFORNIA, LEASED TO THE GOVERNMENT FOR HOUSING MILITARY PERSONNEL AND THEIR DEPENDENTS UNDER LEASE NO. DA-04-203-ENG-4902, DATED MAY 17, 1957.

THE ACTION TAKEN IN OUR DECISION OF JULY 3, 1962, WAS BASED UPON A THOROUGH AND COMPLETE REVIEW OF THE ENTIRE FILE IN YOUR CLAIM, INCLUDING ALLEGATIONS AS TO THE RECORD AND ADMINISTRATIVE REPORTS SIMILAR TO THOSE YOU NOW MAKE, AND WE ARE COMPELLED TO ADVISE YOU AGAIN THAT ON THE BASIS OF THE ENTIRE RECORD WE FIND NO PROPER BASIS FOR ANY ADDITIONAL ALLOWANCE. AS WE POINTED OUT IN THE DECISION OF JULY 3, 1962, TO YOU, OUR REVIEW OF THE CLAIMS FILE SHOWED THAT THE CLAIM HAS BEEN THE SUBJECT OF EXHAUSTIVE CORRESPONDENCE AND CONTROVERSIES BETWEEN YOU, YOUR ATTORNEY, AND THE GOVERNMENT REPRESENTATIVES AND THAT THE DIFFERENCES CONCERNING THE ACTUAL DAMAGES INCURRED AND FOR WHICH THE GOVERNMENT IS LEGALLY LIABLE ARE IRRECONCILABLE. WE FURTHER POINTED OUT THAT IN SUCH SITUATIONS IT IS THE LONG ESTABLISHED RULE OF THIS OFFICE, WHEN THERE IS A COMPLETE DISAGREEMENT, AS HERE, BETWEEN THE FACTS AS ADMINISTRATIVELY REPORTED AND THOSE STATED BY THE CLAIMANT, TO ACCEPT THE FACTS ADMINISTRATIVELY REPORTED AS CONTROLLING THE DISPOSITION OF THE CLAIM IN THE ABSENCE OF EVIDENCE LEGALLY SUFFICIENT TO OVERCOME THE PRESUMPTION OF THEIR CORRECTNESS. AFTER A REVIEW OF THE FILE WE FOUND NO PROPER BASIS FOR MAKING ANY EXCEPTION TO THAT RULE IN THIS INSTANCE.

IN ADDITION, WE POINTED OUT TO YOU THAT, AS IN THE PRESENT MATTER, WHERE THERE IS A CONFLICT BETWEEN THE STATEMENT OF A CLAIMANT AND THE REPORT OF THE ADMINISTRATIVE OFFICE, ALONG WITH DOUBT AS TO THE ACTUAL FACTS IN ISSUE, THE COURT OF CLAIMS HAS DECLARED IT TO BE THE "UNDOUBTED RIGHT AND DUTY" OF THE ACCOUNTING OFFICERS TO REJECT SUCH CLAIMS AND LEAVE THE CLAIMANTS TO THEIR REMEDIES IN THE COURTS. THE ESTABLISHED PROCEDURES AND FACILITIES OF THIS OFFICE ARE NOT ADAPTED TO THE TYPE OF INVESTIGATION IN THIS TYPE OF CASE SUCH AS SUGGESTED IN YOUR LETTER. YOU ARE, OF COURSE, AT LIBERTY TO TAKE SUCH ACTION IN THE COURTS AS YOU DESIRE, WHERE THE OPINIONS AND APPRAISALS OF EXPERTS CAN BE PRESENTED AND EVALUATED. IN THE CIRCUMSTANCES, THE ACTION HERETOFORE TAKEN ON YOUR CLAIM IS AFFIRMED.

SINCE YOU HAVE BEEN FULLY INFORMED WHY OUR OFFICE WOULD NOT BE JUSTIFIED IN AUTHORIZING PAYMENT OF ANY ADDITIONAL AMOUNT, NO USEFUL PURPOSE WILL BE SERVED BY ANY FURTHER CORRESPONDENCE IN THE MATTER.