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B-178638 1 (1973-06-20)

handle is hein.gao/gaobaadaj0001 and id is 1 raw text is: k i. P . . ! COMPTROLLER GENERAL OF THE UI4TED fTATES WASHtG4'ON. DA.. R -17663)8 JUN201973 Hr. Leonrd J. Kranicki 103 Hemlock Hall / iddletown, Pennsylvania 17057 / Dwr Kr, Krasnidki We refer to your tetter of April 23, 1973, which will be viewed as an appeal from the settlement of our Transportation and Claims Division dated January 29, 1973, disallowing your claim tor expenses incurred in connection with the sale of your residence Luciduint to a peuaMent change of station from Olated Air Force Base, Pmnsylvanla, to Cmoron Station, Alexandria, Virginia, as an employee ut the Department of the Air Forco. You request advice as to the procedure of bringus civil suit aud irlormation as to attorneys speciaising in this type of action* Your claim for 41,245#77 wia Oiaallowe4 on thti ground that the settlement date for the sale of your residence occurred more than I years after you reported for dity at your new official station. The record indicates that the delay of the sale of your residenceu was caused by unfavorable market conditions, iu your letter of Jimu ary 9, 1972, to the Finance Officer, lIadquarters AMCA' you state, in part, as follows I concede that my final settlemaut date was approxi-t mately 2 years and 5 months, however my residence was up for sale from tbe momeat of transfer. There were no buyors except at ridiculous offers. At no time was I informed that a limitation of ono year exioted for this type of transaction, nor was I informed that. there was proyisicn for an extension under unusual cirumstancs. In that connection we point out that the Offine of magwent and Budget Circular Uo* A-Sb revised October 12, 1966, hich was applicable at the time of your transfer is statutory in nature and has tho force and affect of law and, therefore, the leyear ,icitation within whidc. the' sale of tho residence must be settled as set forth in &action 4.1d of the Circular may not be waived in an individual cAse. 49 Cop. Cana. 145, 147 (1969). -'