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B-203204 1 (1981-07-24)

handle is hein.gao/gaobadjos0001 and id is 1 raw text is: A DECISION FILE: B-203204 MATTER OF DIGEST: THE COMPTROLLER GENERAL OF THE UNITED BTATES WASHINGTON. D.C. 20548 DATE: July P4, 1981 Mr. Robert W. Schwab III Civilian employee of the Navy Department evacuated from Vietnam following the fall of Saigon in 1975 had his claim under 31 U.S.C. 240-243 for personal property lost as a result of the evacuation dis- allowed by the Navy because it was not timely filed. As to the Comptroller General reporting the matter to Congress as a meritorious claim under the Meritori- ous Claims Act, 31 U.S.C. 236, that act is construed to apply only to claims which come within the Comptroller General's settlement jurisdiction. Since under 31 U.S.C. 242 the Navy's settlement of such a personal property claim is final and conclusive, the Comptroller General has no jurisdiction in the matter; therefore, the claim is inappropriate for reporting to Congress under the Meritorious Claims Act. This action is in response to a letter, with enclosures, from Mr. Robert W. Schwab III, requesting further consideration of his entitlement as a civilian employee of the Department of the Navy to be reimbursed for his lost or destroyed personal property incident to his evacuation from Vietnam in 1975, following the fall of Saigon. Mr. Schwab was employed by the Defense Attache Office from April 4, 1974, through March 15, 1975, compensation for which was paid by the Department of the Navy. From about March 20, 1975, he worked for the Political Affairs Section of the United States Embassy in Saigon not under employment documents but under a purchase order. He apparently remained in that status until the evacuation at the end of April 1975. In November 1975, Mr. Schwab, through counsel, made claim with the then Claims Division of this Office for a 25-percent post differential, living quarters allowance and return travel expenses incident to his employment with the Navy. Considerable difficulty was encountered in determining Mr. Schwab's entitle- ment to those items of allowance. Eventually, it was determined that he was entitled to the allowances and on July 26, 1977 (corrected October 12, 1977), payment of those allowances, ' 99

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