B-6882, FEB. 19, 1962
Highlights
DEPARTMENT OF THE NAVY: REFERENCE IS MADE TO LETTER DATED JANUARY 23. WHICH WAS THE SUBJECT OF YOUR LETTER OF JANUARY 16. SUCH PAYMENT WAS BASED ON A RULING OF THE BOARD FOR CORRECTION OF NAVAL RECORDS. THE APPARENT INTENT OF WHICH WAS TO REMOVE THE BAR OF THE STATUTE. WE HAVE QUESTIONED THE EFFICACY OF SUCH ACTION TO ACCOMPLISH THAT INTENT. THE NEW AUTHORITY WOULD BE IN LIEU OF THE PRESENT AUTHORITY WHICH THE SECRETARIES OF THE MILITARY DEPARTMENTS AND THE SECRETARY OF THE TREASURY HAVE TO CORRECT SUCH RECORDS. YOU ARE ADVISED THAT IN VIEW OF H.R. 4443 WE HAVE NO OBJECTION TO THE SUSPENSION OF COLLECTION ACTION IN THIS MATTER UNTIL THE CURRENT SESSION OF CONGRESS HAS COMPLETED ITS ACTION ON THE PROPOSED LAW OR UNTIL THE END OF SUCH SESSION.
B-6882, FEB. 19, 1962
TO COMMANDANT OF THE MARINE CORPS, DEPARTMENT OF THE NAVY:
REFERENCE IS MADE TO LETTER DATED JANUARY 23, 1962, FROM THE ASSISTANT JUDGE ADVOCATE GENERAL (INTERNATIONAL AND ADMINISTRATIVE LAW) JAG:146:MC 472, RELATIVE TO THE INDEBTEDNESS OF MAJOR ANDREW L. W. GORDON, 0345, U.S. MARINE CORPS, RETIRED, WHICH WAS THE SUBJECT OF YOUR LETTER OF JANUARY 16, 1962. YOU THERE RECOMMENDED THAT THE COMPTROLLER GENERAL BE REQUESTED TO AUTHORIZE THE DISBURSING OFFICER, RETIRED PAY BRANCH, HEADQUARTERS MARINE CORPS, TO SUSPEND CHECK AGE OF THE REMAINING INDEBTEDNESS OF MAJOR GORDON UNTIL THE END OF THE CURRENT SESSION OF THE 87TH CONGRESS.
MAJOR GORDON'S INDEBTEDNESS AROSE FROM A PAYMENT OF RETIRED PAY FOR A PERIOD BARRED BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061. SUCH PAYMENT WAS BASED ON A RULING OF THE BOARD FOR CORRECTION OF NAVAL RECORDS, THE APPARENT INTENT OF WHICH WAS TO REMOVE THE BAR OF THE STATUTE. WE HAVE QUESTIONED THE EFFICACY OF SUCH ACTION TO ACCOMPLISH THAT INTENT. H.R. 4443, 87TH CONGRESS, WOULD AMEND 10 U.S.C. 1552 TO AUTHORIZE THE SECRETARIES CONCERNED TO MAKE FINAL AND CONCLUSIVE DETERMINATIONS WITH RESPECT TO RIGHTS ARISING OUT OF MILITARY RECORDS OF SERVICE PERSONNEL UNDER THEIR JURISDICTION. THE NEW AUTHORITY WOULD BE IN LIEU OF THE PRESENT AUTHORITY WHICH THE SECRETARIES OF THE MILITARY DEPARTMENTS AND THE SECRETARY OF THE TREASURY HAVE TO CORRECT SUCH RECORDS. SECTION 2 OF THE PROPOSED LAW PROVIDES, AMONG OTHER THINGS, THAT PAYMENTS MADE PURSUANT THERETO SHALL NOT BE SUBJECT TO THE PROVISIONS OF THE 1940 ACT.
YOU ARE ADVISED THAT IN VIEW OF H.R. 4443 WE HAVE NO OBJECTION TO THE SUSPENSION OF COLLECTION ACTION IN THIS MATTER UNTIL THE CURRENT SESSION OF CONGRESS HAS COMPLETED ITS ACTION ON THE PROPOSED LAW OR UNTIL THE END OF SUCH SESSION, WHICHEVER IS EARLIER.