B-133755, OCT. 7, 1957

B-133755, OCT. 7, 1957

TO HEINRICH KRABBEL:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 21, 1957, REQUESTING REVIEW OF SETTLEMENT DATED APRIL 26, 1956, WHICH DISALLOWED YOUR CLAIM FOR $100 PER MONTH RENT FOR THE PERIOD OCTOBER 1945 THROUGH DECEMBER 1948 FOR USE OF A FOUR-ROOM BUNGALOW, LOCATED IN HANKOW, CHINA, BY DEPARTMENT OF THE AIR FORCE PERSONNEL.

YOUR CLAIM WAS DISALLOWED INITIALLY BECAUSE THERE WAS NO RECORD OF A CONTRACT OR AGREEMENT ENTERED INTO BETWEEN THE UNITED STATES AND YOUR ADMINISTRATORS FOR USE OF THE BUNGALOW. IN YOUR LETTER OF AUGUST 21, 1957, YOU ADMIT THE ABSENCE OF AN EXPRESS CONTRACT AND REQUEST AN EX- GRATIA" PAYMENT FOR SERVICE RENDERED. WITH YOUR LETTER YOU SUBMITTED AN AFFIDAVIT FROM A FORMER RESIDENT OF HANKOW TO THE EFFECT THAT TO THE BEST OF HIS KNOWLEDGE THE BUNGALOW WAS INHABITED BY VARIOUS AIR FORCE OFFICERS DURING THE PERIOD FOR WHICH YOU CLAIM RENT.

ALTHOUGH THE BUNGALOW WAS OCCUPIED BY AIR FORCE PERSONNEL AT VARIOUS TIMES DURING THE PERIOD INVOLVED, THE RECORD DOES NOT ESTABLISH THAT THE PREMISES WERE OCCUPIED BY THE AUTHORITY OF THE UNITED STATES. HENCE, THE FACTS ARE INSUFFICIENT TO ESTABLISH AN OBLIGATION ON THE PART OF THE UNITED STATES TO PAY ANY RENT FOR THE USE OF THE BUILDING.

WITH RESPECT TO YOUR APPEAL FOR CONSIDERATION OF YOUR CLAIM "EX GRATIA," OUR OFFICE IS AUTHORIZED TO SETTLE CLAIMS ONLY IN STRICT ACCORDANCE WITH LEGAL PRINCIPLES.