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B-185008 1 (1975-10-29)

handle is hein.gao/gaobadctq0001 and id is 1 raw text is: THE COMPTROLLER GENERAL CECISICN . OF THE UN-TED STATES WASHINGTON, D.C. 20548 '4 (0cd0I r FILE: B-185008 DATE: OCT 2 9 1975 MATTER OF: Personal Property Claims under 31 U.S.C. 241 (1970) DIGEST: Settlements of claims for loss of personal property in the cases of 25 Navy members arising out of the same event which were made by the designee of the Secretary of the Navy under Navy regulations pursuant to the provisions of the Military Personnel and Civilian Employees' Claims Act of 1964 are final and conclusive, and our Office is with- out authority to question that action. This action is taken in response to a letter dated September 10, 1975, with enclosures (file reference FMP:drb 5890), from the Dis- bursing Officer, Navy Regional Finance Center, Norfolk, Virginia 23511, requesting an advance decision concerning the propriety of payment of 25 claims of military members for personal property loss in the circumstances described. -That letter was forwarded to our Office by endorsement dated September 22, 1975 (file reference NCF- 123 5741), from the Commander, Navy Accounting and Finance Center, Washington, D.C. 20376. The record in the case shows that on August 15, 1974, each of the members in question entrusted his Navy paycheck to an enlisted member of his command for the purpose of cashing such paycheck at an off-base bank. After cashing the checks, but prior to returning to his conmand, the enlisted member was robbed at gunpoint. It is indicated that each member involved submitted a claim seeking reim- bursement for the stolen funds, but that these claims were initially denied on the basis that the cashing procedure was a private arrange- ment without official sanction and therefore not payable. The reason given for the denial was that by voluntarily entrusting endorsed checks to another person, these members failed to exercise the requisite degree of care in protection of their property neces- sary for reimbursement. It is further stated in the file that one of the members involved requested reconsideration, contending that the endorsed checks had been entrusted to an individual designated by the command as a standard operating procedure. Although that member's commander denied that assertion and recommended that no payment be awarded, the Navy Judge Advocate General awarded payment in the full amount of the member's claim ($185). -7-7 -7 1

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