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B-183208 1 (1975-06-30)

handle is hein.gao/gaobadcgk0001 and id is 1 raw text is: OV.LER 0 . THE COMPTROLo-ER GENERAL DECISION * :1J OF THE UNITED STATES WASHINGTON, D.C. 20548 9 7/ .2s JUN 30 1975 FILE: B-183208 DATE: MATTER OF: Submission of claims of employees of Government contractor to Congress pursuant to Meritorious Claims Act of 1928 DIGEST: Claims of employees of Government contractors living on remote island whose personal belongings were destroyed in fire in Government-owned housing do have such elements of legal liability or equity of unusual nature which would justify report to Congress under Meritorious Claims Act of 1928. We have been requested by the Department of the Air Force to report to the Congress pursuant to the Meritorious Claims Act of 1928, 45 Stat, 413, 31 U.S.C. § 236 (1970) the claims of M1essrs. Robert G. Gibbs, Henry Kusmierski, Kenneth E. Marshall and Frank L. Wiles, who were employees of a Government contractor working on Canton Island, a United States possession in the Pacific. The claims are for reimbursement of personal property damage and losses incurred incident to a fire in their Government-owned quarters on Canton Island on August 22, 1974. The record before us indicates that the fire completely gutted the quarters occupied by the claim- ants. The Department of the Air Force's Investigating Officer was unable to determine the cause of the fire although he speculated that combustible material (such as clothing) may have come into accidental contact with the heating unit in the bedroom closet of one of their fellow employees. Mr. Gibbs submitted a claim to the Air Force under the Foreign Claims Act. This Act was considered inapplicable by the Air Force and its Office of the Judge Advocate General considered the claim under the Federal Tort Claims Act. On December 31, 1974, that office denied the claim based on the lack of evidence establishing that the loss was proximately caused by the negligence of the Air Force or other governmental personnel. It was also determined by that office that the loss was not the fault of Mr. Gibbs and the office requested that we give consideration to his claim on its equitable merits under the provisions of the Meritorious Claims Act. In a subsequent letter the Air Force advised fellow employees were similarly situated and it recommends favorable consideration under the Meritorious Claims Act of their claims for damages and losses from the same fire. *1 -

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