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B-185612 1 (1976-08-12)

handle is hein.gao/gaobaddic0001 and id is 1 raw text is: FILE: THE C OMPTRra-LER GENERAL DECISION ~OF THE UNITED STATES .4, WASHINGTON, D.C. 20548 FILE: B-185612 DATE: AUG 1 2 1976 8-185612 MATTER OF: Chief Warrant Officer William Wallace, USAR DIGEST: Army Reserve member on inadtive duty apprehended by the FBI and charged with larceny of Government property, which charge was later dismissed, is not entitled to reimbursement for private attorney's fees incurred for representing him since the Government was not required to provide him an attorney and no legal authority exists to pay the claim. Also, claim is not so extraordinary nor does it contain elements of legal liability or equity which would warrant reporting it to Congress under the Meritorious Claims Act of 1928, 31 U.S.C. 236 (1970). This action is in response to a letter dated November 3, 1975 (AFKB-AC-CM-JA), with enclosures, from Colonel Charles E. Brent, USAR, Staff Judge Advocate, Headquarters, 83d United States Army Reserve Command, Columbus, Ohio, concerning the legal fees incurred by Chief Warrant Officer William Wallace, USAR, in the circum- stances set out below. The submission indicates that the member was assigned to an Army Reserve unit whose mission was to support the Army Marks- manship Training Program. Reportedly, in accordance with current regulations and long-standing practice the member retained his service weapons and ammunition in his personal possession for practice in evenings and on weekends at locations near his home. Following a field exercise, he was apprehended by the Federal Bureau of Investigation on March 10, 1974, .and charged with violation of 18 U.S.C. 641 (1970). A letter dated June 12, 1974, from Colonel Brant to the Assistant United States Attorney, Louisville, Kentucky, states in part as follows concerning the member's apprehension: We understand the facts to be that Wallace was apprehended by the FBI on 10 March 1974 for larceny of Government ammunition and weapons. Apparently, Wallace departed Fort Knox on that date in a US Army jeep with 5,000 rounds of 5.56m ammunition; 2,500 rounds of 7.62mm ammunition;

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