B-156689, NOV. 30, 1965

B-156689, NOV. 30, 1965

TO MR. VITO MICHAEL MECCA:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 1, 1965, IN WHICH YOU AGAIN REQUEST RECONSIDERATION OF THE DENIAL OF YOUR CLAIM FOR $156.28, REPRESENTING PAY AND ALLOWANCES FOR 47 DAYS OF UNUSED ACCRUED LEAVE WHILE YOU WERE SERVING IN THE ARMY. ALSO, YOU SAY THAT YOUR SISTER, MRS. ANNA CHARLO, RECEIVED $700 OF THE AMOUNT DUE YOU AS ARMY PAY FOR THE PERIOD OCTOBER 2, 1946, TO APRIL 22, 1948, AND THAT, THEREFORE, WE ARE IN ERROR IN STATING THAT NO FAMILY ALLOWANCE DEDUCTIONS WERE MADE FROM YOUR ARMY PAY FOR THAT PERIOD.

WE HAVE ADVISED YOU SEVERAL TIMES THAT NO PAYMENT TO YOU IS AUTHORIZED BECAUSE OF THE FACT THAT YOUR INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $176.33 (MADE UP ON THE FIVE ITEMS OF $9.75, $3.70, $12,88, $100, AND $50) EXCEEDS BY $20.05 THE SUM OF $156.28 SHOWN AS DUE FROM THE GOVERNMENT TO YOU. FURTHERMORE, WE HAVE CAREFULLY EXPLAINED TO YOU WHAT IS REPRESENTED BY EACH OF THE FIVE ITEMS OF INDEBTEDNESS. IT NOW APPEARS TO BE YOUR CONTENTION THAT YOU SHOULD BE PAID THE AMOUNT OF $156.28 IF THE GOVERNMENT CANNOT AT THIS TIME PRODUCE, FOR EACH ITEM OF THE INDEBTEDNESS, A PAID CHECK BEARING YOUR SIGNATURE.

WITH OUR LETTER OF SEPTEMBER 14, 1965, B-156689, WE FURNISHED YOU A PHOTOCOPY OF VOUCHER NO. 104108, JUNE 1946 ACCOUNTS OF J. HARRIS, AND WE EXPLAINED THE INDEBTEDNESS ITEM OF $9.75 WAS BASED ON THE INFORMATION SHOWN ON THAT VOUCHER. WE ALSO FURNISHED YOU WITH THAT LETTER A PHOTOCOPY OF VOUCHER NO. 9827, APRIL 1948 ACCOUNTS OF J. MANO, AND WE EXPLAINED THAT THE INDEBTEDNESS ITEM OF $3.70 WAS BASED ON THE INFORMATION SHOWN ON THAT VOUCHER. YOUR SIGNATURE APPEARS ON THE TWO VOUCHERS MENTIONED AND THERE IS NO INDICATION THAT, WHEN YOU SIGNED SUCH VOUCHERS, YOU QUESTIONED THE CORRECTNESS OF THE TWO ITEMS OF INDEBTEDNESS. SUCH ITEMS REPRESENT BALANCES DUE THE GOVERNMENT RATHER THAN ACTUAL PAYMENT TO YOU, THE AMOUNTS PROPERLY CHARGED AGAINST YOUR ACCOUNT BEING IN EXCESS OF THE PAY WHICH ACCRUED TO YOU DURING THE PERIODS INVOLVED. ALSO, IN THE LETTER OF SEPTEMBER 14, 1965, WE FURNISHED YOU AN EXPLANATION REGARDING THE INDEBTEDNESS ITEM OF $50, REPRESENTING THE UNCOLLECTED BALANCE OF THE FORFEITURE UNDER THE SUMMARY COURT-MARTIAL SENTENCE OF JUNE 4, 1947.

THE SIXTH PARAGRAPH OF OUR LETTER OF SEPTEMBER 14, 1965, READS AS FOLLOWS:

"THE VETERANS ADMINISTRATION, ON DECEMBER 23, 1952, REPORTED TO OUR OFFICE YOUR INDEBTEDNESS OF $12.88, COVERING AN ERRONEOUS PAYMENT OF COMPENSATION TO YOU FOR THE PERIOD OCTOBER 1 TO 31, 1946, AFTER YOU HAD REENLISTED IN THE ARMY. THAT AGENCY, ON THE SAME DATE, REPORTED YOUR INDEBTEDNESS OF $100, RESULTING FROM CONCURRENT PAYMENTS OF SUBSISTENCE ALLOWANCE AND READJUSTMENT ALLOWANCE FOR THE WEEKS ENDING "10.3.48 - 10.31.48.' IT WAS INDICATED IN THE REPORTS THAT YOU HAD BEEN NOTIFIED OF THE ERRONEOUS PAYMENTS BUT THAT NO REFUND HAD BEEN MADE BY YOU. PHOTOCOPIES OF THE TWO REPORTS ARE ENCLOSED.'

THE RECORDS INDICATE THAT CHECK NO. 13,828,431, WHICH RELATED TO THE COMPENSATION OVERPAYMENT OF $12.88, WAS NEGOTIATED IN DUE COURSE AND PAID BY THE TREASURER OF THE UNITED STATES AND THAT IT WAS SUBSEQUENTLY DESTROYED BECAUSE OF ITS AGE. THE FURNISHING OF A PHOTOCOPY OF THE CHECK AT THIS TIME, THEREFORE, IS IMPOSSIBLE. IT MAY BE STATED THAT, UNDER THE EXPRESS AUTHORITY GRANTED BY THE CONGRESS, ALL SUCH PAID CHECKS ARE SCHEDULED FOR DESTRUCTION WHEN A PERIOD OF MORE THAN 7 YEARS HAS ELAPSED SINCE THE DATES THE CHECKS WERE ISSUED. NO CHECK CITATION IS AVAILABLE IN CONNECTION WITH THE INDEBTEDNESS ITEM OF $100. THE VETERANS ADMINISTRATION RECORDS SHOW, HOWEVER, THAT YOU HAD BEEN FULLY INFORMED AS TO SUCH INDEBTEDNESS WHEN YOU WERE INTERVIEWED ON DECEMBER 21, 1950, AND THAT YOU DID NOT THEN QUESTION THE CORRECTNESS THEREOF.

IT WAS CORRECTLY STATED IN OUR LETTER OF SEPTEMBER 14, 1965, THAT NO FAMILY ALLOWANCE DEDUCTIONS (DESIGNATED AS CLASS F) WERE MADE FROM YOUR ARMY PAY FOR THE PERIOD OCTOBER 2, 1946, TO APRIL 22, 1948. THE RECORDS SHOW, HOWEVER, THAT YOU HAD IN EFFECT A VOLUNTARY ALLOTMENT (DESIGNATED AS CLASS E) OF $75 PER MONTH IN FAVOR OF MRS. ANNA CHARLO, EFFECTIVE MARCH 1, 1947, AND THAT IT WAS PAID THROUGH DECEMBER 31, 1947, DATE OF DISCONTINUANCE. PROPER DEDUCTIONS WERE MADE FROM YOUR PAY FOR THAT PERIOD TO COVER SUCH ALLOTMENT.

WE FIND NOTHING IN YOUR LETTER OF OCTOBER 1, 1965, UPON WHICH TO BASE A CONCLUSION THAT YOU ARE NOT PROPERLY CHARGEABLE WITH THE FIVE ITEMS OF INDEBTEDNESS TOTALING $176.33, AND YOU ARE ADVISED, THEREFORE, THAT OUR PRIOR ACTION ON YOUR CLAIM IS SUSTAINED.