B-178330, MAR 11, 1974

B-178330, MAR 11, 1974

CLAIM FOR BACK PAY AND ALLOWANCES BELIEVED DUE AT TIME OF CLAIMANT'S DISCHARGE FROM ARMY IS DISALLOWED, SINCE CLAIMANT HAS NOT ALLEGED ANY FACTS WHICH CAST DOUBT ON ACCURACY OF RECORDS SHOWING THAT HE WAS CREDITED WITH PAY AND ALLOWANCES FOR PERIOD CONCERNED AND THAT PAYMENTS WERE MADE, EITHER DIRECTLY TO HIM OR ON HIS BEHALF, LEAVING ZERO BALANCE IN MILITARY PAY ACCOUNT. INDIVIDUAL DISCHARGED FROM ARMY IN 1945 CLAIMS INTEREST ON $198 REFUNDED TO HIM IN 1952 ON ACCOUNT OF ERRONEOUS DEDUCTION OF CLASS F FAMILY ALLOTMENT. HOWEVER, THERE IS LONG-ESTABLISHED RULE THAT INTEREST ON CLAIMS AGAINST U.S. CANNOT BE RECOVERED IN ABSENCE OF EXPRESS PROVISION IN LAW PERMITTING SUCH RECOVERY, AND THERE IS NO STATUTE WHICH PROVIDES FOR INTEREST IN CASE SUCH AS INSTANT ONE. SEE COMP. GEN. DECS. AND CT. CASES CITED.

TO MR. ROBERT L. MOORE, JR.:

REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 18, 1973, REQUESTING A REVIEW OF THE SETTLEMENT OF OUR CLAIMS DIVISION DATED JUNE 13, 1952, CONCERNING THE MATTER OF BACK PAY AND ALLOWANCES BELIEVED DUE YOU AT THE TIME OF YOUR DISCHARGE FROM THE UNITED STATES ARMY ON DECEMBER 6, 1945.

THE MATTER OF YOUR CLAIM ORIGINALLY AROSE IN A LETTER DATED SEPTEMBER 20, 1951, FROM THE CHAPLAIN OF THE AMERICAN LEGION, COMANCHE, OKLAHOMA, ADDRESSED TO THE WAR DEPARTMENT, IN WHICH IT WAS STATED THAT FOR 15 MONTHS PRIOR TO YOUR DISCHARGE YOU RECEIVED NO PAY, BUT THAT YOU ACKNOWLEDGED RECEIPT OF $80 IN CASH DURING THAT PERIOD AND, AT DISCHARGE, RECEIVED $135.40 FOR MUSTERING-OUT PAY AND SEPARATION TRAVEL AS WELL AS A CHECK FOR $392.19. BY CERTIFICATE OF SETTLEMENT DATED JUNE 13, 1952, THIS OFFICE AUTHORIZED PAYMENT OF $198 ON ACCOUNT OF AN ERRONEOUS DEDUCTION OF CLASS F FAMILY ALLOTMENT OF $22 PER MONTH FOR THE MONTHS OF SEPTEMBER TO NOVEMBER 1944 AND JULY TO DECEMBER 1945.

OUR FILE CONTAINS TRANSCRIPTS OF YOUR PAY RECORDS FOR THE PERIOD JUNE 1, 1944, THROUGH DECEMBER 6, 1945, THE DATE OF YOUR DISCHARGE. THOSE RECORDS SHOW THAT YOU WERE CREDITED WITH PAY AND ALLOWANCES FOR THAT PERIOD IN THE AMOUNT OF $1,334.48 AND THAT THE FOLLOWING PAYMENTS WERE MADE, EITHER DIRECTLY TO YOU OR ON YOUR BEHALF, LEAVING A ZERO BALANCE IN YOUR MILITARY PAY ACCOUNT.

ALLOTMENTS

CLASS "F" ALLOTMENT

JUNE - AUGUST, 1944 $22.00 $ 66.00

CLASS "B" ALLOTMENT

JUNE & JULY, 1944 $3.75 7.50

CLASS "N" ALLOTMENT

JUNE/44 TO DEC/45 $6.50 123.50 $197.00

CASH PAYMENTS

JUNE 1944 $ 27.75

JULY-AUGUST 1944 59.14

SEPTEMBER 1944 31.50

OCTOBER 1944 31.50

NOVEMBER 1944 30.45

MAY 1945 50.00

JUNE 1945 10.00

JULY 1945 10.00

AUGUST 1945 10.00

OCTOBER 1945 100.00

DECEMBER 1945 50.00 410.34

GOVERNMENT PROPERTY LOST OR DESTROYED 1.55

OVERPAYMENT OF FAMILY ALLOWANCE - AUGUST 1944 50.00

PAYMENTS AT DISCHARGE - DECEMBER 6, 1945 477.59

REFUND OF ERRONEOUS CLASS "F" ALLOTMENT

GENERAL ACCOUNTING OFFICE SETTLEMENT - JUNE 24, 1952 198.00

TOTAL PAYMENTS $1,334.48

YOU HAVE NOT ALLEGED ANY FACTS WHICH CAST DOUBT ON THE ACCURACY OF THE RECORDS AND, ACCORDINGLY, YOUR CLAIM FOR ADDITIONAL BACK PAY IS DENIED.

YOU ALSO CLAIM INTEREST ON THE $198 REFUNDED TO YOU IN 1952. THERE IS A LONG-ESTABLISHED RULE THAT INTEREST ON CLAIMS AGAINST THE UNITED STATES CANNOT BE RECOVERED IN THE ABSENCE OF AN EXPRESS PROVISION IN THE LAW PERMITTING SUCH RECOVERY. SEE UNITED STATES V. THAYER-WEST POINT HOTEL CO., 329 U.S. 585, 588 (1947); B-143765, FEBRUARY 22, 1972. THERE IS NO STATUTE WHICH PROVIDES FOR THE PAYMENT OF INTEREST IN A CASE SUCH AS YOURS AND, THEREFORE, INTEREST MAY NOT BE ALLOWED ON YOUR CLAIM.