Army Member's Claim for Housing Expenses

An Army member appealed a settlement which denied his claim for reimbursement of housing costs incident to his transfer to a new duty station. The member obtained a house to rent for himself and his dependents at a cost that exceeded his monthly quarters and overseas housing allowances. The member applied for and was granted a U.S. Government lease of the quarters under which the Government assumed the excess rental expenses of the residence. The member argued that he should be reimbursed for the excess rent he paid prior to the lease since the excess expenses would have been paid by the Government if the lease had been timely issued. No statutory authority could be found under which payment of the member's claim for additional rental expenses could be authorized. In addition, the claim did not contain elements of an extraordinary nature and of an unusual legal liability or equity so as to warrant its submission to Congress under the Meritorious Claims Act. Accordingly, the previous settlement denying the member's claim was sustained.