B-149603, DEC. 3, 1962

B-149603, DEC. 3, 1962

TO MISS JUNE B. ILCHERT:

WE REFER TO YOUR LETTER OF NOVEMBER 5, 1962, IN EFFECT REQUESTING RECONSIDERATION OF OUR DECISION OF SEPTEMBER 5, 1962, B-149603, TO YOU, WHICH SUSTAINED THE PRIOR ACTION OF OUR OFFICE IN DISALLOWING YOUR CLAIM FOR ADDITIONAL TRAVEL EXPENSES ON YOUR RETURN FROM GERMANY TO THE UNITED STATES UPON COMPLETION OF YOUR EMPLOYMENT AGREEMENT AS A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE, AND ESTIMATED COST OF TRANSPORTATION OF YOUR PERSONAL EFFECTS.

THE FACTS AND CIRCUMSTANCES WHICH GAVE RISE TO THE CLAIM AND OUR REASON FOR DISALLOWING IT WERE FULLY RELATED TO YOU IN OUR DECISION OF SEPTEMBER 5, 1962, AND NEED NOT BE REPEATED HERE.

IN YOUR LETTER OF NOVEMBER 5 YOU SUBMIT TEN QUESTIONS AND ASK THAT WE GET MAJOR LOFASO TO ANSWER THEM IN AN AFFIDAVIT. YOU ALSO REQUEST THAT WE CONTACT OTHER CIVILIANS WHO WORKED IN THE SAME OVERSEAS OFFICE WITH YOU AND OBTAIN STATEMENTS FROM THEM.

THE AVAILABLE RECORDS IN OUR OFFICE SHOW THAT COLONEL LOFASO RETIRED APRIL 30, 1960, AND, AS DOUBTLESS YOU ARE AWARE, WE ARE WITHOUT AUTHORITY TO REQUIRE HIM TO EXECUTE AFFIDAVITS OR STATEMENTS IN ANY REGARD. ALSO, THE ORGANIZATION WITH WHICH YOU WERE EMPLOYED AT FURSTANFELDBRUCK, GERMANY, HAS SINCE BEEN DEACTIVATED. BECAUSE OF THE LAPSE OF TIME THERE HAS BEEN A LAWFUL DESTRUCTION OF PERTINENT AGENCY RECORDS. STATEMENTS OR AFFIDAVITS EXECUTED AT THIS TIME CONCERNING EVENTS WHICH TRANSPIRED ABOUT NINE YEARS AGO, PREDICATED SOLELY UPON MEMORY UNSUPPORTED BY ANY RECORD EVIDENCE, WOULD BE OF DOUBTFUL VALUE IN ESTABLISHING THE FACTS AT THE TIME. MOREOVER, AS WE EXPLAINED IN OUR DECISION OF SEPTEMBER 5, 1962, THERE EXISTS NO BASIS NOW FOR DETERMINING WHAT AMOUNT, IF ANY, MAY BE DUE YOU AND WE ARE NOT AUTHORIZED TO MAKE SETTLEMENT UPON SPECULATIVE GROUNDS.

ACCORDINGLY, THE PRIOR ACTION TAKEN BY OUR OFFICE IN DISALLOWING YOUR CLAIM MUST BE AND IS SUSTAINED.