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B-215118 1 (1984-12-18)

handle is hein.gao/gaobadmbs0001 and id is 1 raw text is: DECISION FILE: MATTER OF: B-215 118 THE COMPTIROLLIR GRNIERAL OP THE UNITED STATES WASHINGTON. 0.C. 20548 DATE: December 18, 1984 Claim of Hai Tha Truong DIGEST: 1. A claim which arises from an action taken by the Agency for International Development during a time of combat, and not from the noncombat activities of the United States Armed Forces or its members or civilian employees, is not cogniz- able under the Military Claims Act, 10 U.S.C. S 2733, or the Foreign Claims Act, 10 U.S.C. S 2734. However, it would be cognizable under GAO's general claims settlement authority, 31 U.S.C. S 3702, had not the 6 year statute of limitations specified in that section run. 2. The 6-year period of limitations in 31 U.S.C. S 3702 was not tolled for the 4 years that claimant was living in Socialist Republic of Vietnam and may have been prevented from bringing suit. Consistent with the Supreme Court's con- struction of the Court of Claims 6-year statute of limitations, Soriano v. United States, 352 U.S. 270, 273 (1975), this Office should construe the 6-year period of limitation in section 3702 strictly. The Agency for International Development (AID) asked this Office for an advance decision about its liability for the $991,126.50 claim of Mr. Hai Tha Truong, a Vietnamese refu- gee. Of this amount, only a portion ($53,573.40) represents losses directly attributable to alleged actions by the United States. The remainder of the claim is for damages Mr. Truong suffered when his letter of credit, factory, equipment, and materials were seized by the Government of Vietnam and he was forced to pay a fee to leave Vietnam. We do not see any connection between these consequential losses and the actions by the United States of which Mr. Truong complains. There-, fore, we limit our consideration to the first part of the claim. The claim arose from loss of goods carried on two ships, both of which were diverted from Vietnam because of the Ameri- can evacuation from that country in April 1975. For the reasons given below, we find that the claim is barred by the 010 9A

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