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B-236330 1 (1989-08-14)

handle is hein.gao/gaobadnnp0001 and id is 1 raw text is: . I


       of the United States

b/     Washington, D.C. 20548
       Decision




       Matterof. Lieutenant Colonel Tommy B. Tompkins

       File:     B-236330

       Date:     August 14, 1989


       DIGEST

       Army Colonel at remote location in Saudi Arabia may be
       reimbursed for purchase of safe drinking water for his
       detachment under the public necessity exception to the
       voluntary creditor rule. The purchase was necessitated by
       receipt through regular channels of a contaminated water
       shipment, and in view of historical problems in receiving
       timely shipments, there was a real need to act promptly to
       protect the government's interest.


       DECISION

       Lieutenant Colonel Tommy B. Tompkins has appealed our
       Claims Group's denial of his reimbursement request for
       buying bottled water for his detachment while stationed in
       Saudi Arabia in 1981. The Claims Group denied the claim on
       the basis that the purchase did not result from an urgent or
       unforeseen circumstance. Upon further consideration, we
       find that Colonel Tompkins is entitled to reimbursement.

       The record shows that Colonel Tompkins was assigned command
       of 75 Army and Air Force personnel in Khamis Mushayt, Saudi
       Arabia, in 1981. Because the location was remote, the
       detachment depended on air lifts administered by the U.S.
       Military Training Mission (USMTM), headquartered at Dhahran,
       for drinking water. Colonel Tompkins was authorized by his
       commander to use up to $300 in imprest funds to buy clean
       water from the local market in case of emergency.

       Because the last USMTM shipment of water caused intestinal
       disorders among detachment personnel, Colonel Tompkins had
       the water analyzed; the analysis disclosed that the
       shipment was contaminated. Colonel Tompkins therefore
       authorized the purchase of $300 worth of the only local
       bottled water known to be safe, which he judged constituted
       a 5-day supply. Upon being advised that this brand of water

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