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B-180161 1 (1974-01-08)

handle is hein.gao/gaobaadqt0001 and id is 1 raw text is: K COMPTROLLE Or'NERAL OF TWE UNITW STATE% WAHflNGTCfOl D.C.m ' *-180161 January 80 1974 '.5 The Beniorable DonaldJohnson A istrators Vetrrans2tniniot81tion Dear Hr. Jolmson; We refer to your-letter dated November 26, 1973, with enclosures, requostinf our opinion an to whether the Military Personnel and Civilian Eployoes °Claim Act of 1964, Pub. Le 88-'550l amended, 31 U.S.C. 240- 243, authoriew the VateravarAdministrution (VA) to expand appropriated funds to reimburse an employee for the lose of personal property uci- dnt to his Governuenu service. The facts and cM~cumetances giving rise to Mr. Hers's claim an disclosed by the record are act forth belay: In December 1972, Hr. )larcua tirt an eMloyee of the Veterans Adminitretion, was trensferred at Govern&ment expeuse from the VA Ilospital in Oklahoma City,.,Oklahoma, to the VA Hospital in San Francisco, Cali- fornia.,,is household goods and personal effectq ware oved in a rented U-1aul trailer which has bean previously approved by the VA as the most econon-ical #rd convenient m ans of travel for hinsolf and the Government. On Decomber 6, 1972, Mi, Igrz entered tcporary Uviu quarters at VA expense in a rotcl nearby the hospital. After inveotigating the availa- bility of suitable storage facilities for the louded trailer, arrangements were made to store the trailor in tho &arago at the otel. The trailer and its contents remaied in this garago until the morning of Decezber 149, 1972, at whichtit it was found missing, On Dea-ember 18, 1972, 1r. !Sor filed a claim for roimbursement under the nuthovity of the afo:emntioned statuto (31 U.S.C. 240-243). The claim was deuied (July 25, 1973) by the VA Office of'Genaral Counel, on the &rounde that Hr. Her: failed to establish that his los was not caused wholly or partly by his own negli- genca; as reuired by the VA regulation then in effect, Mr. er: has requested that you recunvider his claim and you ask to be advised whether your agency has authority to reiiburse an employee for personal property which has been lost or stolen while being moved and stored under the described circumstances. If such question is answered in the affirmative, you ask the further question wether or not the claUmant took adequate precautions to safeguard lhin prepert7, 'a. . ,' ' 1k i ,'V! e . ,, , ..;~r ,,

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