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B-141244, SEP. 12, 1960

B-141244 Sep 12, 1960
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TO THE SECRETARY OF THE NAVY: REFERENCE IS MADE TO LETTER OF JULY 22. THE CLAIM WAS DENIED FOR THE REASON THAT THE OFFICER WAS PARTICIPATING IN ANNUAL FIELD TRAINING OF A RESERVE UNIT WITHIN THE MEANING OF PARAGRAPH 4201-6 OF THE JOINT TRAVEL REGULATIONS AND SECNAV INSTRUCTION 7220.24A. THE ASSISTANT SECRETARY STATES THAT MORE THAN FIVE HUNDRED NOTICES OF EXCEPTION ARE ANTICIPATED AS THE RESULT OF THE DECISION. THAT THE PAYMENTS WERE BASED ON THE PREMISE THAT MEMBERS OF INSPECTOR-INSTRUCTOR STAFFS. AUGMENTING TROOPS WERE NOT MEMBERS OF A MARINE CORPS RESERVE COMPONENT AND. WERE NOT BELIEVED TO COME WITHIN THE PURVIEW OF PARAGRAPH 4201-6 OF THE JOINT TRAVEL REGULATIONS. THERE IS. TO YOU WE AGREED TO THE SUSPENSION OF COLLECTION ACTION IN A CLASS OF OVERPAYMENT CASES WHILE H.R. 7529 WAS PENDING.

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B-141244, SEP. 12, 1960

TO THE SECRETARY OF THE NAVY:

REFERENCE IS MADE TO LETTER OF JULY 22, 1960, FROM THE ASSISTANT SECRETARY OF THE NAVY (PERSONNEL AND RESERVE FORCES), CONCERNING OUR DECISION B-141244 OF JANUARY 7, 1960, TO CAPTAIN WILLIAM M. OLIVER, USMC, WHICH SUSTAINED THE DISALLOWANCE OF HIS CLAIM FOR PER DIEM FOR TEMPORARY DUTY AS A MEMBER OF THE INSPECTOR-INSTRUCTOR STAFF IN CONNECTION WITH THE ANNUAL FIELD TRAINING OF A UNIT OF THE UNITED STATES MARINE CORPS RESERVE.

THE CLAIM WAS DENIED FOR THE REASON THAT THE OFFICER WAS PARTICIPATING IN ANNUAL FIELD TRAINING OF A RESERVE UNIT WITHIN THE MEANING OF PARAGRAPH 4201-6 OF THE JOINT TRAVEL REGULATIONS AND SECNAV INSTRUCTION 7220.24A. THE ASSISTANT SECRETARY STATES THAT MORE THAN FIVE HUNDRED NOTICES OF EXCEPTION ARE ANTICIPATED AS THE RESULT OF THE DECISION, AND THAT THE PAYMENTS WERE BASED ON THE PREMISE THAT MEMBERS OF INSPECTOR-INSTRUCTOR STAFFS, STAFF MEMBERS OF NAVAL RESERVE OFFICERS TRAINING CORPS UNITS AND, IN SOME INSTANCES, AUGMENTING TROOPS WERE NOT MEMBERS OF A MARINE CORPS RESERVE COMPONENT AND, THEREFORE, WERE NOT BELIEVED TO COME WITHIN THE PURVIEW OF PARAGRAPH 4201-6 OF THE JOINT TRAVEL REGULATIONS.

THE ASSISTANT SECRETARY REFERS TO A BILL, H.R. 7529, PASSED BY THE HOUSE OF REPRESENTATIVES ON AUGUST 17, 1959, WHICH IF ENACTED INTO LAW, WOULD AUTHORIZE THE COMPTROLLER GENERAL, UPON RECOMMENDATION OF THE HEAD OF THE DEPARTMENT CONCERNED AND A SHOWING THAT COLLECTION WOULD BE AGAINST EQUITY AND GOOD CONSCIENCE, TO WAIVE INDEBTEDNESS GROWING OUT OF ERRONEOUS PAYMENTS TO ANY CIVILIAN EMPLOYEE OF THE GOVERNMENT OR TO ANY MEMBER OF THE MILITARY OR NAVAL FORCES OF THE UNITED STATES. ON THE PREMISE THAT THE BILL IF ENACTED WOULD PERMIT THE RELIEF OF ALL MEMBERS HERE INVOLVED OF THEIR INDEBTEDNESS TO THE UNITED STATES ARISING FROM THE ERRONEOUS PAYMENTS OF PER DIEM, THE ASSISTANT SECRETARY REQUESTS SUSPENSION OF COLLECTION ACTION UNTIL TERMINATION OF THE PRESENT CONGRESS. SINCE THE BILL, H.R. 7529, FAILED OF ENACTMENT IN THE 86TH CONGRESS, THERE IS, OF COURSE, NO BASIS UPON WHICH WE MAY AGREE TO THE ASSISTANT SECRETARY'S REQUEST.

IN DECISION OF DECEMBER 24, 1959, B-134568, TO YOU WE AGREED TO THE SUSPENSION OF COLLECTION ACTION IN A CLASS OF OVERPAYMENT CASES WHILE H.R. 7529 WAS PENDING. SINCE THE DECISION OF DECEMBER 24, 1959, HOWEVER, WE HAVE REEXAMINED THE MATTER AND WE DO NOT NOW BELIEVE THAT PROVISIONS LIKE THOSE OF H.R. 7529 WOULD CONSTITUTE A SUFFICIENT BASIS FOR A BLANKET WITHHOLDING OF COLLECTION ACTION IN ALL OVERPAYMENT CASES OF THE SAME CLASS. THE WAIVER AUTHORITY, WHICH H.R. 7529 WOULD HAVE VESTED IN THE COMPTROLLER GENERAL UPON A SHOWING THAT COLLECTION WOULD BE AGAINST EQUITY AND GOOD CONSCIENCE, CONTEMPLATED A DETERMINATION THAT SUCH ELEMENTS WERE PRESENT IN EACH INDIVIDUAL CASE. HENCE, THE WAIVER OF AN INDEBTEDNESS ON THE BASIS OF EQUITY AND GOOD CONSCIENCE IN ONE CASE WOULD NOT NECESSARILY CONTROL THE ACTION TO BE TAKEN IN ANY OTHER CASE.

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