B-135804, MAY 9, 1958
Highlights
MEADE: FURTHER REFERENCE IS MADE TO A LETTER OF MARCH 6. WERE CREDITED WITH AN INITIAL CLOTHING ALLOWANCE. IT HAS LONG BEEN HELD BY THE ACCOUNTING OFFICERS OF THE GOVERNMENT THAT A SECOND UNIFORM ALLOWANCE IS NOT PAYABLE IN CONTRAVENTION OF THE REGULATIONS ISSUED PURSUANT TO LAW. IN EFFECT AT THE TIME THE SECOND INITIAL ALLOWANCE WAS CREDITED. PROVIDED: "AIRMEN WILL BECOME ENTITLED TO THE INITIAL CLOTHING ALLOWANCE UNDER THE FOLLOWING CIRCUMSTANCES: "A. SINCE YOU WERE CREDITED WITH A SECOND INITIAL ALLOWANCE UPON A REENLISTMENT ENTERED INTO IN LESS THAN THREE MONTHS AFTER DISCHARGE FROM YOUR FIRST ENLISTMENT. THE PAYMENT WAS ERRONEOUS AND MUST BE REFUNDED. IS ON THE PART OF THE GOVERNMENT.
B-135804, MAY 9, 1958
TO MR. HARRY S. MEADE:
FURTHER REFERENCE IS MADE TO A LETTER OF MARCH 6, 1958, FROM YOUR ATTORNEY PERTAINING TO THE GOVERNMENT'S CLAIM AGAINST YOU IN THE AMOUNT OF $230, WHICH REPRESENTS AN ERRONEOUS CREDIT FOR INITIAL CLOTHING ALLOWANCE INCIDENT TO YOUR SERVICE IN THE UNITED STATES AIR FORCE.
YOU ENLISTED IN THE AIR FORCE ON NOVEMBER 14, 1950, AND WERE CREDITED WITH AN INITIAL CLOTHING ALLOWANCE. THIS ENLISTMENT TERMINATED ON MAY 4, 1951, UPON YOUR DISCHARGE. ON MAY 28, 1951, YOU REENLISTED AND RECEIVED A SECOND INITIAL MONETARY CLOTHING ALLOWANCE IN THE AMOUNT OF $230. THE SECOND ENLISTMENT TERMINATED BY DISCHARGE ON DECEMBER 23, 1953.
IT HAS LONG BEEN HELD BY THE ACCOUNTING OFFICERS OF THE GOVERNMENT THAT A SECOND UNIFORM ALLOWANCE IS NOT PAYABLE IN CONTRAVENTION OF THE REGULATIONS ISSUED PURSUANT TO LAW. PARAGRAPH 11F (3) (A) 3, AIR MATERIEL COMMAND MANUAL NO. 67-5, APRIL 1, 1951, IN EFFECT AT THE TIME THE SECOND INITIAL ALLOWANCE WAS CREDITED, PROVIDED:
"AIRMEN WILL BECOME ENTITLED TO THE INITIAL CLOTHING ALLOWANCE UNDER THE FOLLOWING CIRCUMSTANCES:
"A. UPON FIRST ENLISTMENT IN THE UNITED STATES AIR FORCE, OR UPON REENLISTMENT IN THE SAME BRANCH OF THE REGULAR SERVICE SUBSEQUENT TO EXPIRATION 3 MONTHS FROM DATE OF LAST DISCHARGE.'
SINCE YOU WERE CREDITED WITH A SECOND INITIAL ALLOWANCE UPON A REENLISTMENT ENTERED INTO IN LESS THAN THREE MONTHS AFTER DISCHARGE FROM YOUR FIRST ENLISTMENT, THE PAYMENT WAS ERRONEOUS AND MUST BE REFUNDED.
YOUR ATTORNEY SAYS THAT THE GOVERNMENT'S CLAIM IN NOT JUSTIFIABLE BECAUSE GOVERNMENT OFFICIALS FORCED YOU TO ACCEPT CLOTHING ISSUE AND THE ERROR, IF ANY, IS ON THE PART OF THE GOVERNMENT. IT IS WELL ESTABLISHED THAT PERSONS RECEIVING BENEFITS ERRONEOUSLY PAID BY A GOVERNMENT AGENCY OR OFFICIAL ACQUIRE NO RIGHT THEREIN AND THE COURTS HAVE CONSISTENTLY HELD THAT SUCH PERSONS ARE BOUND IN EQUITY AND GOOD CONSCIENCE TO MAKE RESTITUTION. SEE BARNES ET AL. V. DISTRICT OF COLUMBIA, 22 C.CLS. 336, AND THE CASES COLLECTED AND DISCUSSED IN UNITED STATES V. SUTTON CHEMICAL CO., 11 F.2D 24, AND IN 63 A.L.R. 1346. FURTHERMORE, WHILE YOU INDICATE THAT THERE WAS NEGLIGENCE SOMEWHERE WITHIN THE GOVERNMENT IN THE CREDITING OF THE SECOND INITIAL CLOTHING ALLOWANCE, IT HAS BEEN HELD THAT IF A BENEFIT IS BESTOWED THROUGH MISTAKE, NO MATTER HOW CARELESS OR INEXCUSABLE THE ACTION OF THE BESTOWER MAY HAVE BEEN, THE RECIPIENT MUST MAKE RESTITUTION. CF. UNITED STATES V. NORTHWESTERN NATIONAL BANK AND TRUST CO. OF MINNEAPOLIS, 35 F.SUPP. 484, 486.
PAYMENT SHOULD BE MADE BY CHECK OR MONEY ORDER PAYABLE TO THE "U.S. GENERAL ACCOUNTING OFFICE" OR A PLAN OF LIQUIDATION OF THE DEBT WITHIN A REASONABLE TIME SHOULD BE FORWARDED TO THE FOLLOWING ADDRESS:
U.S. GENERAL ACCOUNTING OFFICE
POST OFFICE BOX 2610 ..END :