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B-195242 1 (1979-08-29)

handle is hein.gao/gaobadhok0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-195242 DATE: August 29, 1979 MATTER OF: Sergeant Ted A. Morell, USA 1. Payment may not be made on Army member's claim for reimbursement of costs incurred for storage of household goods and transportation of dependents not authorized by law and regu- lations even though he was erroneously advised by Army officials that travel could be per- formed by his dependents at Government expense. In the absence of specific statutory authority the United States is not liable for the negli- gent or erroneous acts of its officers, agents, or employees, and the member therefore gained no entitlement to the expenditures by reason of the erroneous advice. 2. Claim of Army member for costs incurred in reliance on erroneous advice furnished by Army officials that travel could be performed by his dependents at Government expense, is not a matter presenting such elements of unusual legal liability or equity which would justify reporting the claim to the Congress under the Meritorious Claims Act, 31 U.S.C. 236 (1970). Sergeant Ted A. Morell, USA, requestsereconsideration of our Claims Division settlement of February 13, 1979, which denied his laim for reimbursement of- dependent travel and storage costs of household good (HHG) and further determined that his claim was not an appropriate matter for submission to the Congress under the Meri- torious Claims Act. )7The denial of his claim is sustained since at the time of his permanent change of station (PCS), the Joint Travel Regulations (JTR) governing movement of Department of Defense (DOD) personnel did not/authorize service members in the grade of E-4, with 2 years' service or less, transportation of dependents or shipment of HHG at Government expense. \Further, his claim may not be reported to' Congress as it does not inyolve circumstances of an unusual nature unlikely to arise with respect to other claimants. Sergeant Morell was reassigned from Fort Campbell, Kentucky, to Germany in April 19-78. At the time of this PCS, he wasIn-EE-4 ItoH k I1 DIGEST:

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