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B-184055 1 (1976-02-09)

handle is hein.gao/gaobaddqt0001 and id is 1 raw text is: 0,LER G THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, O .C. 20546 Le0 FILE: B-184055 DATE: FEB9 1976 MATTER OF: Eduardo S. Flores' Claim under the Meritorious Claims Act of 1928 4 Claim of civilian employee of U.S. Marine Corps on Okinawa for dif- ference between amount obtained for house and furnishings and cost of replacing them, plus rent for a period following eviction from Gov- ernment housing, does not contain - such elements of leal liability or equity as to be oeserving of con- sideration by Congress under the Meritorious Claims Act of 1928, even though the decision to sell house and furnishings may have been induced by the improper and sub- sequently revoked assignment of Gov- ernment housing. See B-184492, October 2, 1975. Mr. Ediardo S. Flores seeks redress under the Meritorious Claims Act of 1928, 31 U.S.C. 236 (1970), in the amount of $32,739.00, which he contends is the loss he suffered as the result of an error on the part of the Government. The pertinent circumstances giving rise to this claim, as disclosed by the file before us, are as follows. Mr. Flores, a U.S. citizen, is a civilian employee of the U.S. Marine Corps at Camp Smedley D. Butler, Okinawa. On February 14, 1973, he was assigned Government housing which was administered by the Depart- ment of the Army under an interservice support agreement. The authorizing official mistakenly believed that Mr. Flores met all requirements, including eligibility for a living quarters allowance, imposed by the governing authority, Army Regulation 210-50. In fact, he had been finally adjudged ineligible for this allowance some 5 years earlier. Mr. Flores moved into the assigned housing on March 26, 1973, and sold his privately owned house and furnishings on March 30, 1973. A month or so later the error was discovered, Mr. Flores was informed, and he was advised to be prepared to pay rent for the period he occupied Government housing and to seek other accomnodations. On June 21, 1973, he was given formal notice

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