B-143932, NOV. 7, 1960

B-143932, NOV. 7, 1960

TO MR. JOHN BALDWIN O-DONNELL:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 27, 1960, REGARDING THE CLAIM OF MRS. MARGARET M. STALLWORTHY FOR DAMAGES TO FURNITURE AND FURNISHINGS LEASED TO THE MARINE CORPS PURSUANT TO LEAVE NO. N52M 21265, DATED NOVEMBER 7, 1946.

IN OUR LETTER OF OCTOBER 7, 1960, TO MRS. STALLWORTHY WE INDICATED THAT THE INVESTIGATION BOARD HAD MADE A DETAILED AND EXHAUSTIVE INVESTIGATION OF THE FACTS AND CIRCUMSTANCES IN THIS MATTER AND HAD CONCLUDED THAT THE AMOUNT OF $3,500 SHOULD BE PAID. FOR THIS REASON WE INDICATED THAT WE WOULD CONSIDER THE CLAIM FURTHER WITH A VIEW TO AN ALLOWANCE OF $3,500 TO MRS. STALLWORTHY IF SHE WOULD BE WILLING TO ACCEPT THAT AMOUNT IN FULL SETTLEMENT OF HER CLAIM. INSOFAR AS THE MATTER NOW STANDS, OUR OFFICE WOULD EFFECT SETTLEMENT PROMPTLY ON THIS BASIS. AN OFFER FROM MRS. STALLWORTHY TO ACCEPT AN AMOUNT IN FULL SETTLEMENT IS NOT SUBJECT TO A "TIME LIMIT" INSOFAR AS OUR OFFICE IS CONCERNED.

WITH REGARD TO THE AMOUNT TO BE ALLOWED AS DAMAGES, AS POINTED OUT IN OUR LETTER, WE WOULD NOT BE WARRANTED IN DISREGARDING THE CONCLUSION ARRIVED AT BY THE ADMINISTRATIVE INVESTIGATION BOARD WHICH HAD TAKEN INTO ACCOUNT ALL THE FACTS AND CIRCUMSTANCES, INCLUDING THE AMOUNTS OF THE VARIOUS ESTIMATES, AND HAD RECOMMENDED PAYMENT OF THE AMOUNT OF $3,500.

WITH REGARD TO YOUR REQUEST TO BE FURNISHED A COPY OF OUR APPLICABLE REGULATIONS, YOU ARE ADVISED THAT OUR OFFICE HAS NOT ISSUED ANY REGULATIONS THAT DIRECTLY AFFECT THE SETTLEMENT OF ..END :