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B-208627 1 (1983-09-16)

handle is hein.gao/gaobadlhv0001 and id is 1 raw text is: OECISIOJ FILE: B-2C MATTER OF DIGEST: THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 2054a DATE: September 16, 1983 )8627 Edward B. Reese-Damage to Personal Property Customs Service employee submitted claim under Military Personnel and Civilian Employees' Claims Act for loss and damage incident to change of duty. station. Customs allowed portion representing loss or damage to personal property but disallowed motel and meal expenses. Cus- toms subsequently received settlement check from . . carrier's insurance company. Since record clearly shows that insurance settlement did not include motel and meal expenses but represented only allowances on items of personal property, claimant is not entitled to receive any portion of the insurance settlement. Cus- toms may retain the proceeds for credit to appropria- tion used to pay original claim. The United States Customs Service, Department of the Treasury, has sought our opinion as to the proper disposition of a check re- ceived from a carrier in connection with a claim by Mr. Edward B. Reese, a Customs employee stationed in Houston, Texas. Specif- ically, Customs asks whether it may pay a portion of the proceeds over to Mr. Reese and, if not, how it should dispose of the check. For the reasons that follow, we conclude that Customs should retain the entire proceeds of the check, for credit to the appropriation it used to pay Mr. Reese's original claim. Facts In 1979, Mr. Reese filed a claim with the Customs Service under the Military Personnel and Civilian Employees' Claims Act of 1964, as amended, 31 U.S.C. S 3721 (formerly 31 U.S.C. § 241), for losses incurred incident to an official duty station relocation. The amount of the claim was $3,221.09, consisting of $2,784.78 for loss and damage to personal property, and $436.31 for motel and meal ex- penses occasioned by the carrier's delays. Customs settled the claim in November 1979, allowing $2,725.82, which it determined to be the maximum amount allowable under the statute. We understand that the difference between the amount claimed and the amount allowed consists essentially of the motel and meal expenses, with the balance representing adjustments to the valuation of various items of personal property. ()-L(1 7 k -4 9_

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