B-124551, AUG. 23, 1961

B-124551, AUG. 23, 1961

TO MR. WESLEY G. HENSHAW*

REFERENCE IS MADE TO YOUR LETTER OF JUNE 21, 1961, RELATIVE TO YOUR INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $120.22 REPRESENTING THE SUM PAID ON VOUCHER NO. 142038 OF THE OCTOBER 1955 ACCOUNTS OF LIEUTENANT COLONEL S. GADDIS, F.C., FOR THE TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS ON GOVERNMENT BILL OF LADING FROM FORT WAYNE, INDIANA, TO HARLAN, INDIANA.

YOU CONTEND THAT YOU ARE DUE REIMBURSEMENT FOR THE TRAVEL OF YOUR DEPENDENTS BY COMMERCIAL AIR ON AUGUST 2 AND 3, 1954, FROM SAN JUAN, PUERTO RICO, TO FORT WAYNE, INDIANA, AND THAT INASMUCH AS THE SUBSEQUENT MOVEMENT OF YOUR HOUSEHOLD GOODS AND TRAVEL OF YOURSELF AND DEPENDENTS TO HARLAN, INDIANA, WAS APPROVED BY QUALIFIED GOVERNMENT PERSONNEL, YOU ARE ENTITLED TO THE TRANSPORTATION OF YOUR HOUSEHOLD GOODS AT GOVERNMENT EXPENSE AND REIMBURSEMENT FOR THE ADDITIONAL TRAVEL OF YOUR DEPENDENTS AND YOURSELF.

IN OUR DECISIONS OF JULY 15, 1955, AND NOVEMBER 20, 1959, B-124551, YOU WERE ADVISED IN DETAIL WHY YOU COULD NOT BE REIMBURSED FOR YOUR DEPENDENTS' TRAVEL FROM SAN JUAN AND WHY FURTHER TRAVEL AFTER REACHING FORT WAYNE, YOUR HOME OF SELECTION, IS NOT AUTHORIZED BY CERTAIN PROVISIONS OF THE JOINT TRAVEL REGULATIONS. UNDER SIMILAR PROVISIONS OF THE REGULATIONS REIMBURSEMENT FOR YOUR OWN TRAVEL IS LIKEWISE NOT PERMITTED UNDER THE CIRCUMSTANCES HERE INVOLVED BEYOND THE HOME OF SELECTION. YOU WERE ALSO ADVISED WHY THE PAYMENT FOR THE SUBSEQUENT SHIPMENT OF YOUR HOUSEHOLD EFFECTS FROM FORT WAYNE WAS ERRONEOUS AND CONSTITUTED A DEBT OWING TO THE UNITED STATES. YOUR LETTER OF JUNE 21, 1961, CONTAINS NO NEW MATERIAL FACTS OR EVIDENCE NOT PREVIOUSLY CONSIDERED AND, HENCE, AFFORDS NO GROUND FOR MODIFICATION OF THE PRIOR ACTION IN THE MATTER.

THE FACT THAT YOUR HOUSEHOLD GOODS WERE SHIPPED UNDER GOVERNMENT BILL OF LADING DOES NOT EXTEND TO YOU ANY ADDITIONAL RIGHTS NOT CONTAINED IN THE JOINT TRAVEL REGULATIONS. IN THIS CONNECTION IT MAY BE NOTED THAT IN THE ABSENCE OF A STATUTE SO PROVIDING, THE GOVERNMENT IS NOT LIABLE FOR MISTAKES OF ITS OFFICERS AND EMPLOYEES AND IT IS A WELL SETTLED PRINCIPLE OF LAW THAT MONEY PAID OUT ON AN ERRONEOUS DETERMINATION OF LAW BY OFFICERS OF THE GOVERNMENT MUST BE RECOVERED FROM THE RECIPIENT. SEE ROBERTSON V. SICHEL, 127 U.S. 507, 515; UNITED STATES V. GUDEWICZ, 45 F.SUPP. 787.

ACCORDINGLY, SINCE THE PAYMENT FOR THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS WAS ERRONEOUS, YOU ARE INDEBTED TO THE UNITED STATES FOR $120.22 AND NO AMOUNTS ARE DUE YOU ON YOUR CLAIM WHICH CAN BE USED IN LIQUIDATION OF OR OFFSET AGAINST THE DEBT. HOWEVER, IN VIEW OF THE STATEMENTS CONTAINED IN YOUR AFFIDAVIT OF FINANCIAL STATUS, NO FURTHER COLLECTION ACTION WILL BE TAKEN AT THIS TIME. IN THE EVENT YOUR FINANCIAL CIRCUMSTANCES IMPROVE YOU SHOULD CONTACT THIS OFFICE AND MAKE ARRANGEMENTS FOR PAYMENT OF THE DEBT.