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B-183798 1 (1975-08-22)

handle is hein.gao/gaobadcno0001 and id is 1 raw text is: D ER C THE COMPTROLLER GENERAL DECISION .OF THE UNITED STATES WASH INGTON. 0.C. 20548 ITO FILE: DATE: AUG 2 i9751 B-183798 MATTER OF: Claim of Captain Andre G. LaPitte, French Air Force DIGEST: Claim of French Air Force officer for value of property stolen from car while traveling from temporary duty post to Air Force Academy is not of such extraordinary nature as to be properly submitted to Congress under Meritorious ClaimsAct, 31 U.S.C. § 236. By letter dated April 22, 1975, the Office of the Judge Advocate General, Department of the Air Force, forwarded a claim for $5,063.99 by Captain Andre G. LaPitte, a French Air Force officer assigned to the United States Air Force Academy, for our consideration under the provisions of the so-called Meritorious Claims Act of 192a, 31 U.S.C. 6 236. The claim is for the value of personal property stolen from Captain LaFitte'e automobile while parked on, a street in Bonite Springs, Florida, when he was returning to the Air Yorce Academy from temporary duty at Homestead Air Force Lase, Florida. The Military Personnel and Civilian Employees' Claims Act of 1964, 31 U.S.C. 9 240-243, which provides for payment of claims for loss of personal property incident to scrvice, is applicable only to employees of the naitcd Statcs Cnvernment. Accordingly, there is no legal basis for payment of the claim. The Meritorious Claims Act provides that when a claim against the United States is filed iu this Offfice that may not be lawfully paid from appropriated funds, but which claim in our judgment contains such elements of equity as to be deserving of the consideration of the Congress, it shall be submitted to the Congress with our recommndations. The remedy is an extraordinary one and its use is limited to extra- ordinary circumstances. We do not consider the claim to be of this extraordinary nature. While we appreciate the serious material loss which has been suffered, there are unfortunately numerous other cases where official and unofficial visitors to this country have had personal property stolen from them, and it would not be reasonable to cxpect that all such losses would be redressed through congressional appropriatioi. There does not appear to be any reason to treat this case as a special exception. rh - 1 -

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