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B-214195 1 (1984-11-20)

handle is hein.gao/gaobadmak0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OECIUION OP THE UNITED STATES WASHINGTON, 0. C. 20548 PILE: B-214195 DATE: November 20, 1984 MATTER OF: U.S. Forest Service--Claim under 31 U.S.C. § 3721 DIQEST: Claim under the Military Personnel and Civilian Employees' Claims Act of 1964, as amended, 31 U.S.C. S 3721, for loss of Forest Service employee's personal property due to burglary in rented Government housing at remote ranger station is cognizable under the statute, since housing may be viewed as assigned for purposes of 31 U.S.C. S 3721(e). Mr. W. D. Moorman, Authorized Certifying Officer, U.S. Department of Agriculture, asked whether claims of Forest Service employees for loss of personal property due to bur- glary in Government-owned quarters rented by the employees, which occurs through no fault of the employees, are cognizable under the provisions of the Military Personnel and Civilian Employees' Claims Act of 1964, as amended, 31 U.S.C. S 3721 (formerly 31 U.S.C. S 241, recodified by Pub. L. No. 97-258, September 13, 1982, 96 Stat. 973). As discussed below, we think they are. In the representative case submitted with the decision request, personal property of a Forest Service employee residing in a Government-owned house within the forest in which the claimant was employed, was stolen during a bur- glary. There was no employee negligence. The Forest Service charged and deducted rent from the employee's salary for use of the Government-owned house. The employee's claim, based on the stolen items, was approved in the amount of $178.99 by the Forest Service pursuant to 31 U.S.C. S 3721. Since the quarters were not considered as part of the compensation in fixing the salary rate of the claimant (the significance of this phrase will be discussed later), a question has arisen within-the Forest Service as to whether the claimed loss can be considered to have occurred at quarters assigned or pro- vided in kind by the Government, as provided in 31 U.S.C. S 3721(e). Subsection (b) of 31 U.S.C. S 3721 authorizes the head of each agency to settle and pay claims up to $25,000 for damage to, or loss of, personal property incident to an employee's service. In addition, 31 U.S.C. S 3721(e) states: ( -Vr) t, 1 0 ak 14 CO

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