B-134337, JUN. 10, 1958

B-134337, JUN. 10, 1958

TO DR. WARNER N. GRUNE:

YOUR LETTERS OF MARCH 25 AND MAY 21, 1958, TRANSMITTED THE ADDITIONAL DOCUMENTARY EVIDENCE REQUESTED BY OUR LETTER OF JANUARY 16, 1958, B- 134337, IN CONNECTION WITH YOUR ALLEGATIONS DENYING LIABILITY TO THE UNITED STATES IN THE AMOUNT OF $1,000 PLUS INTEREST, AS STATED IN PRIOR CORRESPONDENCE. THE FACTS AND CIRCUMSTANCES GIVING RISE TO THAT INDEBTEDNESS WERE SET FORTH IN DETAIL IN OUR LETTER TO YOU DATED NOVEMBER 29, 1957, B-134337, AND NEED NOT BE REPEATED HERE.

AMONG THE DOCUMENTS PRESENTED WITH YOUR LETTER OF MARCH 25 ARE A COPY OF YOUR STUDENT FEE RECORD AT THE UNIVERSITY OF CONNECTICUT SHOWING THAT YOU PAID A $15 FEE ON OCTOBER 19, 1944, TO ATTEND THE EXAMINATION FOR COURSE CREDIT IN GERMAN; A COPY OF AN ORDER TO REPORT FOR INDUCTION DATED SEPTEMBER 29, 1944, ORDERING YOU TO REPORT FOR INDUCTION ON OCTOBER 11, 1944; AND A COPY OF YOUR HONORABLE DISCHARGE FROM THE ARMY AS AN ENLISTED MAN INDICATING THAT YOU WERE INDUCTED ON OCTOBER 22, 1944, AND ENTERED INTO ACTIVE DUTY THE SAME DAY. YOUR LETTER OF MAY 21 FORWARDED A COPY OF A LETTER DATED MAY 16, 1958, FROM THE UNIVERSITY OF CONNECTICUT CERTIFYING THAT THE 1944 SUMMER SESSION ENDED SEPTEMBER 15, 1944; THAT YOU THEN WERE REQUIRED TO TAKE A THREE-CREDIT COURSE TO COMPLETE THE REQUIREMENTS FOR YOUR DEGREE; THAT YOU ELECTED TO TAKE THE SECOND COURSE IN GERMAN AND TO ATTEMPT TO PASS IT BY COURSE-CREDIT EXAMINATION; THAT YOU TOOK THE COURSE- CREDIT EXAMINATION ON OCTOBER 19, 1944; AND THAT THE UNIVERSITY REGISTRAR WAS NOTIFIED ON NOVEMBER 2, 1944, THAT YOU HAD RECEIVED A GRADE OF A ON THE EXAMINATION.

THERE APPEARS TO BE SOME CONFUSION AS TO THE DATE YOU WERE ORDERED TO REPORT FOR INDUCTION SINCE, IN ADDITION TO THE ORDER TO REPORT FOR INDUCTION TRANSMITTED WITH YOUR LETTER OF MARCH 25, THE RECORD CONTAINS A PHOTOSTAT OF A CERTIFIED TRUE COPY OF ANOTHER ORDER DATED OCTOBER 11, 1944, WHICH ORDERED YOU TO REPORT FOR INDUCTION ON OCTOBER 26, 1944. NEVERTHELESS, THE COPY OF YOUR HONORABLE DISCHARGE FURNISHES CONVINCING EVIDENCE THAT YOU ACTUALLY WERE INDUCTED AND ENTERED INTO ACTIVE SERVICE ON OCTOBER 22, 1944.

THUS, THE EVIDENCE SUBMITTED BY YOU NOW INDICATES THAT YOU WERE INDUCTED ON OCTOBER 22, 1944, AND THAT YOU TOOK THE COURSE-CREDIT EXAMINATION IN GERMAN ON OCTOBER 19, 1944--- BEFORE YOUR INDUCTION. WHILE THE UNIVERSITY WAS NOT NOTIFIED OF YOUR PASSING GRADE UNTIL NOVEMBER 2, 1944--- AFTER YOUR INDUCTION--- THAT FACT HAS NO BEARING ON THE QUESTION OF YOUR INDEBTEDNESS. IT SEEMS OBVIOUS THAT YOU COMPLETED ALL THAT WAS REQUIRED OF YOU IN ORDER TO GRADUATE WHEN YOU TOOK THE EXAMINATION. YOUR ANSWERS TO THE EXAMINATION WERE EITHER RIGHT OR WRONG AT THE TIME YOU SET THEM DOWN AND THE DATE ON WHICH THEIR CORRECTNESS OR INCORRECTNESS WAS DETERMINED BY THE INSTRUCTOR AND REPORTED TO THE UNIVERSITY IS IMMATERIAL. CLEARLY, AS SOON AS YOU HAD TURNED IN YOUR EXAMINATION PAPER NO FURTHER ACTION WAS REQUIRED OF YOU IN ORDER TO GRADUATE AND YOUR SUBSEQUENT INDUCTION COULD IN NO WAY INTERFERE WITH THE GRADING OF THE EXAMINATION AND THE REPORTING OF THE RESULTS.

SINCE IT IS CLEARLY ESTABLISHED THAT YOU WERE NOT INDUCTED UNTIL AFTER YOU HAD COMPLETED ALL THAT WAS REQUIRED OF YOU IN ORDER TO GRADUATE, WE MUST AGAIN CONCLUDE THAT YOU ARE LEGALLY OBLIGATED UNDER THE PROVISIONS OF THE ACT OF JULY 2, 1942, 56 STAT. 576, TO REPAY TO THE UNITED STATES THE TOTAL AMOUNT OF THE LOANS, PLUS INTEREST, AS STATED IN OUR PRIOR CORRESPONDENCE.

IN THE EVENT THAT YOU DO NOT PAY THIS INDEBTEDNESS IN FULL WITHIN 30 DAYS OR WITHIN THAT PERIOD MAKE DEFINITE ARRANGEMENTS TO LIQUIDATE IT IN REASONABLE MONTHLY INSTALLMENTS OR OTHERWISE, WE WILL HAVE NO ALTERNATIVE BUT TO REFER THE MATTER TO THE DEPARTMENT OF JUSTICE FOR INSTITUTION OF LEGAL PROCEEDINGS. SHOULD YOU DESIRE TO RENEW THE COMPROMISE OFFER PREVIOUSLY MADE BY YOU, CONSIDERATION WILL BE GIVEN THERETO UPON RECEIPT OF A LETTER TO THAT EFFECT ACCOMPANIED BY A CHECK IN THE AMOUNT OF THE INITIAL PAYMENT.