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B-209721 1 (1983-09-02)

handle is hein.gao/gaobadlhg0001 and id is 1 raw text is: OECISION !. FILE: B-209721 MATTER OF: DIGEST: THE COMPTROLLER GENERAL *OF THE UNITED STATES WASHINGTON, 0. C. 20548 DATE: Septerber 2, 1983 Scope of discretion under 31 U.S.C. § 3721 The concept of administrative discretion does not per- mit an agency to refuse to consider all claims submit- ted to it under the Military Personnel and Civilian Employees' Claims Act, which authorizes agencies to settle claims of Government employees for loss or dam- age to personal property. While GAO will not tell another agency precisely how to exercise its discre- tion, the agency has a duty to actually exercise it, either by the issuance of regulations or by case-by- case adjudication. The Federal Mediation and Conciliation Service has asked our opinion regarding whether it has discretion to refuse to consider all claims filed by its employees under the Military Personnel and Civilian Employees' Claims Act of 1964, as amended (the Act).1/ Based on the reasoning herein, we conclude that the concept of administrative discretion does not permit an agency to adopt a policy of refusing all claims submitted to it under the Act. Background The Military Personnel and Civilian Employees' Claims Act of 1964 authorizes agencies to settle claims of Government employees for loss or damage to personal property. It states in part as follows: The head of an agency may settle and pay not more than $25,000 for a claim against the Government made by a member of the uniformed services under the jurisdic- tion of the agency or by an officer or employee of the agency for damage to, or loss of, personal property in- cident to service. A claim allowed under this subsec- tion may be paid in money or the personal property replaced in kind. 31 U.S.C. § 3721(b). A claim, to be cognizable under the Act, must be by a menber o the uniformed services or a civilian officer or employee and must b 1/ 31 U.S.C. § 3721 (formerly 31 U.S.C. § 240-243, recodified by Pub. L. No. 97-258, September 13, 1982, and Pub. L. No. 97-452, January 12, 1983). (Oaut3 go

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