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B-191897(HID) 1 (1978-11-02)

handle is hein.gao/gaobadopk0001 and id is 1 raw text is: 
TRELEASED

                 UNITED STATES GENERAL ACCOUNTING OFFICE
    ;WASHINGTON, LC. 20548


                                                   IN REPLY
 oF GENERAL CoUNSEL                                NRO   B-191897 (WED)

                                                    November 2, 1978






       Mr. Joseph Ritter
       Certifying Officer
       Office of Financial
         Management Services
       Department of Commerce

       Dear Mr. Ritter:

          We refer to your letter dated May 8, 1978, with enclosures,
        requesting a decision as to whether the Military Personnel and
        Civilian Employees' Claims Act of 1964, as amended, 31 U.S.C.
        § 24l(b)(i), would permit reimbursement to be made to Mr.
        =     an employee, for expenses incurred for the purchase of
        work clothes necessitated because of excessive delay in the
        arrival of his own clothes at his temporary duty station.

           Section 3(a) of the Military Personnel and Civilian Employees'
        Claims Act of 1964, supra, authorizes the head of each agency or
        his designee to pay claims up to $L5,000 for damages to, or loss
        of, personal property incident to the employee's service. In
        addition, 31 U.S.C. § 242 states:

                Notwithstanding any other provision of law,
           the settlement of a claim under sections 240 to
           243 is final and conclusive.

           With respect to whether the claimed loss was incurred incident
        to the employee's servicc, a review of the legislative history of
        Pub. L. No. 88-558, as amended, fails to reveal a specific
        reference to the types of claims contemplated by the legislation.
        B-169236, April 21, 1970. It would appear, however, that where
        an employee is traveling to a temporary duty assignment and travel
        is performned at Government expense, any loss of personal property
        occurring as a result of such travel, without negligence on the
        part of the employee, properly might be considered as being a
        loss incurred incidental to his service. Cf. B-180161, January 8,
        1974.'

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