B-70871, JUL 7, 1971

B-70871, JUL 7, 1971

CIVILIAN EMPLOYEE - DEBT DUE THE U.S. CONCERNING THE INDEBTEDNESS OF THOMAS M LURRY, A FORMER EMPLOYEE OF THE CIVIL AERONAUTICS ADMINISTRATION, PREDECESSOR OF THE FAA. ALTHOUGH GAO PREVIOUSLY DETERMINED THAT MR. LURRY WAS NOT INDEBTED TO THE GOVERNMENT FOR ADVANCED TRAVEL FUNDS, THE SUBSEQUENT LOCATION OF A FILE IN THE CLAIMS DIVISION OF GAO SHOWS AN INDEBTEDNESS OF $388.98. THIS AMOUNT SHOULD BE DEDUCTED FROM THE MONIES CHARGED HIS ANNUITY AND THE REMAINING $738.97 ADMINISTRATIVELY WITHHELD MAY BE REIMBURSED.

TO MR. SHAFFER:

THIS REFERS TO OUR LETTER OF OCTOBER 9, 1970, B-70871, TO YOU, COPY ENCLOSED, CONCERNING THE INDEBTEDNESS OF MR. THOMAS M. LURRY, A FORMER EMPLOYEE OF THE CIVIL AERONAUTICS ADMINISTRATION, PREDECESSOR OF THE FEDERAL AVIATION ADMINISTRATION. THE INDEBTEDNESS HAD BEEN REPORTED TO THE CIVIL SERVICE COMMISSION IN 1948 FOR COLLECTION IN THE EVENT THE EMPLOYEE LATER BECAME ENTITLED TO A RETIREMENT ANNUITY OR MADE APPLICATION FOR REFUND OF RETIREMENT DEDUCTIONS.

WHEN MR. LURRY APPLIED FOR A RETIREMENT ANNUITY IN OCTOBER 1969, THE CIVIL SERVICE COMMISSION THEREAFTER WITHHELD FROM HIS ANNUITY THE TOTAL AMOUNT OF THE PURPORTED INDEBTEDNESS. MR. LURRY OBJECTED TO SUCH ACTION TO YOUR OFFICE AND YOU REFERRED THE MATTER HERE POINTING OUT THAT ALL FISCAL RECORDS COVERING THE PERIOD IN QUESTION (1948) HAVE BEEN DESTROYED IN ACCORDANCE WITH RECORDS DISPOSAL PROCEDURES AND THAT THE CIVIL SERVICE COMMISSION FORM 3037 CONSTITUTED THE ONLY EVIDENCE OF MR. LURRY'S PURPORTED INDEBTEDNESS. MR. LURRY DID NOT DENY THE INDEBTEDNESS BUT CLAIMED THAT THE DEBT WAS OFFSET AGAINST EXPENSE VOUCHERS FOR OFFICIAL TRAVEL AS WAS CUSTOMARY AT THE TIME, AND STILL IS.

ON THE BASIS OF THE INFORMATION AVAILABLE, WE DETERMINED THAT MR. LURRY WAS NOT INDEBTED TO THE GOVERNMENT FOR ADVANCED TRAVEL FUNDS AT THE TIME OF HIS RETIREMENT AND REQUESTED THE CIVIL SERVICE COMMISSION TO CANCEL THE CHARGE AGAINST MR. LURRY'S RETIREMENT ACCOUNT AND ISSUE PAYMENT FOR THE AMOUNT PREVIOUSLY DEDUCTED FROM HIS ANNUITY PAYMENTS.

SUBSEQUENT TO THE ISSUANCE OF OUR LETTER OF OCTOBER 9, 1970, WE LOCATED A FILE IN OUR CLAIMS DIVISION SHOWING THAT MR. LURRY WAS INDEBTED TO THE GOVERNMENT IN THE AMOUNT OF $1,372.95 ARISING BY REASON OF AN ADVANCE OF FUNDS FOR PURPOSES OF TRAVEL IN LINE OF DUTY AS AN EMPLOYEE OF THE CIVIL AERONAUTICS ADMINISTRATION. THERE ARE SEVERAL LETTERS ON FILE, JANUARY THROUGH MAY 1949, FROM MR. PAUL D. BANNING, CHIEF DISBURSING OFFICER, TREASURY DEPARTMENT, SHOWING THAT MR. LURRY'S INDEBTEDNESS HAD BEEN REDUCED TO $388.98 BY APPLICATION OF VOUCHERS TOTALING $983.97 OF MONIES OTHERWISE DUE MR. LURRY.

BY LETTER OF JANUARY 13, 1971, THE CHIEF, FINANCIAL SERVICES BRANCH, TREASURY DEPARTMENT, FORWARDED TO OUR OFFICE 5 CHECKS TOTALING $1,127.95, APPARENTLY RECEIVED FROM THE CIVIL SERVICE COMMISSION REPRESENTING AMOUNTS COLLECTED FROM THE CIVIL SERVICE ANNUITY OF MR. LURRY IN LIQUIDATION OF HIS INDEBTEDNESS TO THE GOVERNMENT. SUCH LETTER ALSO FURNISHED INFORMATION THAT ANOTHER CHECK, DATED NOVEMBER 1, 1969, AMOUNT UNKNOWN, BUT WHICH WE ASSUME REPRESENTED THE BALANCE ($245) OF THE INDEBTEDNESS WITHHELD FROM MR. LURRY'S ANNUITY, WAS INADVERTENTLY CANCELLED.

FROM THE TOTAL OF THE 5 CHECKS REFERRED TO ABOVE ($1,127.95), WE ARE AUTHORIZING OUR CLAIMS DIVISION TO DEPOSIT $388.98 THEREOF TO COVER THE BALANCE OF MR. LURRY'S INDEBTEDNESS AND TO ISSUE A SETTLEMENT IN MR. LURRY'S FAVOR IN THE AMOUNT OF $738.97. WE ARE ALSO ADVISING THE CIVIL SERVICE COMMISSION TO MAKE PAYMENT TO MR. LURRY OF THE AMOUNT OF THE CHECK DATED NOVEMBER 1, 1969, CHARGED AGAINST HIS ANNUITY AND INADVERTENTLY CANCELLED.