APPEAL OF DECISION ON CLAIM C-3527

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP91G01170R003505650013-0
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 9
• Document Creation Date: December 22, 2016
• Document Release Date: July 26, 2010
• Sequence Number: 13
• Publication Date: February 13, 1975
• Content Type: MEMO

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Q` P~ 'RNAL
^ UNCLASSIFIED
1.__ ONLY
^ CONF. NTIAL
^ SECRET '
ROUTING AND RECORD SHEET
SUBJECT: (Optional)
FROM:
A
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EXTENSION
NO.
DD/A 75-0841
ssoc
ate
rector
or
eputy
Administration 7D26 Headquarters
DATE 19 FEB 1975 S
TO: (Of icer designation, room number, and
building)
DATE
OFFICER'S
COMMENTS (Number each comment to show from whom
RECEIVED
FORWARDED
INITIALS
to whom. Draw a line across column after each comment.)
1. AO/DCI
7C17 Headquarters Bldg
/q'
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EO/TCS
6E2914 Headquarters Bldg
Za
Also see note on attachment.
3
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6E2913 Headquarters Bldg
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4.
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S.
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6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
FORM 610 USE PREVIOUS SECRET CONFIDENTIAL INTERNAL UNCLASSIFIED
3-62 EDITIONS [:1 ^ [3 USE ONLY ^
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DD/A 75-0841
1 9 FEB 1975
THROUGH Administrative Officer, DCI
Executive Officer, IC Staff
SUBJECT Appeal of Decision on Claim C-3527
1. I have considered your appeal of the Claims Review
Board regarding your loss of a personal calculator and find
that the review board acted properly in rendering a denial
of your claim.
2. Under provisions of you may appeal my
decision to the Director, through a inspector General.
3. Regarding your request that your claim, as expressed
on Form 2328, be declassified so that you may use it to support
a tax deduction for the loss, we would be happy to have the
Office of Security work with you to either declassify the
document or sterilize it in an acceptable form which would
substantiate to the Internal Revenue Service your personal
loss. If you desire to claim the loss on your tax deduction,
please contac Director of Security, for
handling of Form 2328 in a secure fashion.
John McMahon
sso iate Deputy Director
for
Memo dtd 13 Feb 75 to DD/S fm
same subject
cc: AO/DCI
EO/ICS
Chairman, CRB
May be declassified upon removal
of att. ; _ -
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SENDER WILL CHECK CLASSIF TION TOP AND BOTTOM
UNCLASSIFIED CONFIDENTIAL SECRET
OFFICIAL ROUTING SLIP
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13 Feb 7
f- I UNCLASSIFIED CONFIDENTIAL SECRET J
FORM NO. 237 Use previous editions (40)
1-67 I
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_,Ir
SECRET
13 February 1975
MEMORANDUM FOR: Deputy Director for Support
SUBJECT Appeal of Decision on Claim Number C-3527
1. In accordance with I hereby appeal
the decision denying my claim tor compensation for property
stolen from my office.
2. The basis for denying the claim apparently rests
on two findings:
a. loss was not incident to service,
b, loss was a result of my negligence.
3. With respect to the loss being incident to service,
I offer the following argument for consideration: A profes-
sional does not normally come naked to the job. We all use
all manner of personal property in our work--reference books,
office equipment, pens and pencils, calculators, office
furnishings, etc, While the use of personal items is neither
necessary nor demanded, it has long been an accepted practice,
particularly in government. I suggest that if you, the
person reading this, will look around your office, you will
see several items of personal property which you, not the
government, provided for your use. The remarks section of
my claim simply asserts that "the claim does not meet the
first criterion for payment under the policy of It
does not state why; neither is there a finding--yes or no--in
the findings section on this point,
4. With respect to the second finding--negligence--I
submit that a building such as headquarters, guarded by a
perimeter fence, further guarded by security police at every
entrance and walking security patrols, and manned entirely
by personnel screened by extensive background investigation
can be presumed, by a reasonable person, to be a relatively
SECRET
5X1
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SECRET
secure place for both personal and government property.
Further, a private office such as mine, separated from
a corridor by an anteroom, is afforded an additional degree
of security. Had the calculator been mislaid in a conference
room or in the cafeteria, there would be no'doubt of negligence.
I question whether leaving it in my office constitutes
negligence.
5. Finally, should this appeal also be denied, I
propose to claim the loss of this property as a deduction on
my 1974 income tax. Clearly, the only evidence of loss and
the Agency's disposition of the matter, is the completed
form 2328, classified SECRET by your office (copy attached).
Should this appeal be denied, I request action be initiated
to declassify the form 2328, so that I may use it to support
my tax deduction,
Attachments
Form 2328
Claim
SECRET
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13 November 1974
MEMORANDUM FOR: Claims Review Board
Plans & Programs Staff/OL
SUBJECT Claim for Lost Personal Property
1. Request is hereby made for replacement of a Hewlett-
Packard HP-80 pocket calculator and battery charger which was
taken from my office in room 6E2913, Headquarters, sometime
durini, the period 1730 hours 8 November 1974 to 1000 hours,
11 November 1974. Both items were my personal property and
were in use incident to my service as Chief, Research a-nd
Analysis Branch, Management Planning and Resource Review Divi-
sion, IC Staff. This claim is made pursuant to provisions of
PL 88-558 as a ended- the CIA Act, and implementing Logistics
Regulations The lost property is valued at $395.00
(plus federal, tate and local sales taxes, if any).
2. The calculator and charger are used extensively in
my work. The calculator enables me to perform statistical
and economic analyses rapidly and easily. Because of these
features, the cost of the item, the extensive justification
and the long lead time experienced in obtaining this type of
equipment, I deemed it necessary t.o use my personal property
in my work rather than request the Agency purchase one for my
use. Furthermore, since I already owned the calculator,
requesting one for use at work seemed an unnecessary expendi-
ture of government funds.
of of icia u y.
I believe oss is covered under Logistics Regula-
as resulting directly from performance
the following information
4. Pursuant to
is submitted:
b. Employment Status: CIA Reserve
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