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B-197982 1 (1981-02-26)

handle is hein.gao/gaobadjdq0001 and id is 1 raw text is: THE COMP/OLLER NERAL DECISION OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-197982 DATE: February 26, 1981 MATTER OF: Colonel Edward P. Cutolo, USA DIGEST: The is no statutory authority for payment of Army member's claim for housing expensesJ which exceeded his quarters and overseas housing allowances for a period prior to the date on which the Government leased the quarters directly. Also, the claim does not contain necessary elements of extraordinary nature and of unusual legal liability or equity so as to warrant its submission to Congress under the Meritorious Claims Act, 31 U.S.C. S 236 (1976). This action is in response to a letter from Colonel Edward P. Cutolo, USA, appealing the October 18, 1979 settlement by our Claims Division which denied his claim for submission to the Congress under the Meri- torious Claims Act for reimbursement of $3,471.15 in housing costs. Colonel Cutolo and his three dependents were transferred to Caracus, Venezuela, in January 1976, where he assumed the position of Chief, National Guard Section, United States Military Group, Venezuela. Sev- eral months after his arrival, Colonel Cutolo obtained a house to rent at a cost of $1,121.50 per month which, along with utilities, repairs, and maintenance, Colonel Cutolo states exceeded his monthly quarters and overseas housing allowances by an average of $433.89 per month. The record indicates that the high cost of housing in Venezuela was due to a spiraling inflationary trend which had accelerated to extreme proportions in the months prior to Colonel Cutolo's arrival. As his rental expenses exceeded the sum of his basic allowance for quarters and his overseas housing, allowances, in February of 1976 Colonel Cutolo applied for a United States Government lease under which the Government would directly assume the rental and miscellaneous expenses associated with his residence. Upon review of his request by the Defense Security Assistance Agency (DSAA), of the Department of Defense, his ouarters were authorized for direct Government lease in October of 1976, and the lease became effective November 1, 1976. _4

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