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B-195295 1 (1979-11-14)

handle is hein.gao/gaobadhsr0001 and id is 1 raw text is: STHE =01MPTROLLER GENERAL (.~>/<OF THE UNITED STATES ZWASHINGTON, 0.C. 20548 L ITf' FILE: B-195295 DATE: November 14, 1979 MATTER OF: Lieutenant Gary A. Dehnel, USCG DIGEST: A Coast Guard officer on temporary duty placed liquor intended for his personal use aboard a Coast Guard aircraft on which he was to fly from the State of Washington to Alaska. The liquor was lost before the officer reached Alaska. Whether the member may be reimbursed for his loss is for determination by the Coast Guard under the Military Personnel and Civilian Employees' Claims Act of 1964 which provides that claims may be allowed only if possession of the property under the circumstances was rea- sonable, useful, or proper, and if the loss was not caused by the officer's negligence. Settle- ment is final and conclusive if statutory condi- tions are met. This c se concerns the legality of payment of a Coast Guard officer's claim for the loss of personal property while in transit on % Coast Guard aircraft The claim is for settlement by the Coast Guard under the M11-iitary Personnel and Civilian Employees' Claims Act of 1964, as amended, 31 U.S.C. §§ 240-243 (1976), under which settlement is final and conclusive. The question was presented by the Authorized Certifying Officer, Seventeenth Coast Guard District, Juneau, Alaska, con- cerning the claim of Lieutenant Gary A. Dehnel, USCG, for the loss of $80 worth of liquor. Lieutenant Dehnel indicated he purchased the liquor at the exchange package store, McChord Air Force Base, Washington, while he was on temporary duty and subsequently placed itonboard the Coast Guard aircraft on which he was returning to his permanent duty station at Kodiak, Alaska. When he arrived in Alaska, he could not locate the liquor. Lieutenant Dehnel filed a claim for the loss of his liquor with the Commanding Officer of the Coast Guard station at Kodiak. After adjudication by a legal officer, the Commanding Officer 9 approved the claim. The certifying officer to whom the claim was presented for payment questions the legality of the claim for sev- eral reasons. He indicates that Coast Guard Regulations CG-300 XS DECISION A C 1 16

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