B-141759, AUG. 19, 1960
Highlights
KING: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 4. WHILE YOU WERE SERVING ON ACTIVE DUTY AT FORT DEVENS. YOU WERE NOT ENTITLED TO PER DIEM WHILE ON DUTY AT FORT DEVENS. SINCE THAT PLACE WAS THEN YOUR PERMANENT DUTY STATION. THAT YOU WERE DEPRIVED OF THE RIGHT TO HAVE YOUR FAMILY WITH YOU DURING THE PERIOD IN QUESTION WHICH RESULTED IN ADDITIONAL EXPENSE TO YOU. YOU URGE THAT THE CLAIM AGAINST YOU IS UNJUST AND THAT YOU SHOULD NOT BE REQUIRED TO REFUND THE PER DIEM PAYMENT MADE TO YOU. WE ARE REQUIRED TO SETTLE CLAIMS ON THE BASIS OF APPLICABLE PROVISIONS OF LAW AND REGULATIONS. WHILE IT IS UNFORTUNATE THAT YOU WERE ERRONEOUSLY PAID PER DIEM DURING THE PERIOD INVOLVED. WE HAVE NO AUTHORITY TO CANCEL OR WAIVE YOUR INDEBTEDNESS TO THE UNITED STATES.
B-141759, AUG. 19, 1960
TO MR. GENE H. KING:
REFERENCE IS MADE TO YOUR LETTER OF AUGUST 4, 1960, CONCERNING YOUR INDEBTEDNESS TO THE UNITED STATES IN THE SUM OF $200 REPRESENTING PER DIEM ERRONEOUSLY PAID TO YOU FOR THE PERIOD FROM APRIL 27 TO JUNE 15, 1956, WHILE YOU WERE SERVING ON ACTIVE DUTY AT FORT DEVENS, MASSACHUSETTS, AS AN OFFICER, ARMY OF THE UNITED STATES. ALSO, WE RECEIVED A LETTER DATED AUGUST 9, 1960, FROM HONORABLE OMAR BURLESON REQUESTING FURTHER REVIEW OF THE MATTER.
IN OUR DECISION TO YOU DATED MARCH 1, 1960, B-141759, WE EXPLAINED THAT, UNDER THE APPLICABLE PROVISIONS OF THE STATUTE AND REGULATIONS, YOU WERE NOT ENTITLED TO PER DIEM WHILE ON DUTY AT FORT DEVENS, MASSACHUSETTS, DURING THE PERIOD OF APRIL 27 TO JUNE 15, 1956, SINCE THAT PLACE WAS THEN YOUR PERMANENT DUTY STATION.
IN YOUR LETTER DATED AUGUST 4, 1960, YOU SAY, IN SUBSTANCE, THAT YOU WERE DEPRIVED OF THE RIGHT TO HAVE YOUR FAMILY WITH YOU DURING THE PERIOD IN QUESTION WHICH RESULTED IN ADDITIONAL EXPENSE TO YOU. ON SUCH BASIS, YOU URGE THAT THE CLAIM AGAINST YOU IS UNJUST AND THAT YOU SHOULD NOT BE REQUIRED TO REFUND THE PER DIEM PAYMENT MADE TO YOU.
WE ARE REQUIRED TO SETTLE CLAIMS ON THE BASIS OF APPLICABLE PROVISIONS OF LAW AND REGULATIONS. WHILE IT IS UNFORTUNATE THAT YOU WERE ERRONEOUSLY PAID PER DIEM DURING THE PERIOD INVOLVED, WE HAVE NO AUTHORITY TO CANCEL OR WAIVE YOUR INDEBTEDNESS TO THE UNITED STATES. AND, AS HAS PREVIOUSLY BEEN EXPLAINED, THE DATE OF APPROVAL OF YOUR APPLICATION FOR TRANSFER OF YOUR HOUSEHOLD GOODS TO YOUR STATION OR YOUR ELIGIBILITY FOR GOVERNMENT- SPONSORED HOUSING FOR YOUR DEPENDENTS AT FORT DEVENS ARE NOT CONTROLLING IN DETERMINING YOUR ENTITLEMENT TO PER DIEM DURING THE PERIOD INVOLVED. CONSEQUENTLY, THE FACT THAT YOU MAY HAVE INCURRED ADDITIONAL LIVING EXPENSES FOR YOUR DEPENDENTS BECAUSE THEY WERE NOT LVING AT YOUR DUTY STATION DURING SUCH PERIOD AFFORDS NO LEGAL BASIS FOR YOU TO RETAIN THE ERRONEOUS PER DIEM PAYMENTS.
ACCORDINGLY, ARRANGEMENTS SHOULD BE MADE TO LIQUIDATE YOUR INDEBTEDNESS.