OPINION ISSUED DECEMBER 29, 2000
DONNA L. CURREY
DEPARTMENT OF EDUCATION
Claimant represents self.
Joy M. Bolling, Assistant General Counsel, for respondent.
This claim was submitted for decision based upon the
allegations in the Notice of Claim and respondent's Answer.
Claimant seeks payment in the amount of $971.90 in tuition
reimbursement. Respondent, in its Answer, admits the validity of
the claim, but states that the amount of $882.00 is the correct
amount due and owing to claimant. Respondent also states that
there were insufficient funds in its appropriation for the fiscal
year in question from which to pay the claim. Claimant agrees that
the amount owed to her is the amount of $882.00 and she agrees to
accept that amount as satisfaction for the claim.
While the Court believes that this is a claim which in equity
and good conscience should be paid, the Court further believes that
an award cannot be recommended based upon the decision in Airkem
Sales and Service, et al. vs. Dept. of Mental Health, 8 Ct.Cl. 180