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B-203204 1 (1981-08-25)

handle is hein.gao/gaobabkdx0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON D.C. 20548 B-203204 Auoust 25' _1981- The Honorable Wyche Fowler, Jr. Member, United States House of Representatives Suite 425, William-Oliver Building 32 Peachtree Street Atlanta, Georgia 30303 Dear Mr. Fowler: Reference is made to your letter dated June 8, 1981, enclosing for our consideration and report a copy of a letter and material from Mr. Robert W. Schwab III, con- cerning his entitlement to be reimbursed for the loss of his personal property in Vietnam following the fall of Saigon in 1975. It appears that the Department of the Navy--his employer at that time--disallowed his claim for the reason that he failed to file a written claim with them within 2 years of the date of the loss, as required by the provisions of 31 U.S.C. 241(c). In his recent correspondence with us Mr. Schwab requests that we report the matter to Congress as a meritorious claim under the provisions of the Meritorious Claims Act, 31 U.S.C. 236 (1976). By decision B-203204, July 24, 1981, copy enclosed, we advised Mr. Schwab the provisions of the Meritorious Claims Act only apply to claims which come within the settlement jurisdiction of this Office. The provision under which Government employees' claims for loss of personal property are settled (31 U.S.C. 240-243), vests exclusive settlement jurisdiction in the Secretary of the Department concerned and make such settlements final and conclusive. Since we have no authority to settle or review the settlement of a Navy employee's personal property claim under these provi- sions, we do not view Mr. Schwab's claim as appropriate for us to report as a meritorious claim under 31 U.S.C. 236.

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