B-125552, DEC. 2, 1955

B-125552, DEC. 2, 1955

TO LEONARD G. PATTERSON, SFC, USA:

REFERENCE IS MADE TO YOUR CLAIM, FORWARDED HERE BY LETTER DATED AUGUST 12, 1955, FROM THE DEPARTMENT OF THE ARMY, OFFICE OF THE CHIEF OF FINANCE, FOR $1,815, REPRESENTING THE VALUE OF 653,400 YEN ALLEGED TO HAVE BEEN COLLECTED FROM YOU ON APRIL 12, 1954, WHILE SERVING IN JAPAN.

YOU ALLEGE THAT FOLLOWING THE SALE OF YOUR AUTOMOBILE WHILE YOU WERE SERVING AS AN ENLISTED MAN IN THE ARMY IN JAPAN, ON APRIL 12, 1954, YOUR WIFE DELIVERED 653,400 YEN ($1,815) TO AN AUTHORIZED AGENT OF YOUR COMMANDING OFFICER, CAPTAIN LESLEY J. JENKINS, FOR CONVERSION INTO MILITARY PAYMENT CERTIFICATES. ALSO, YOU ALLEGE THAT SUCH PERSONAL FUNDS WERE NOT APPLIED AS INTENDED AND HAVE NOT BEEN RETURNED TO YOU IN YEN OR MILITARY PAYMENT CERTIFICATES. ON SUCH BASIS YOU CLAIM REIMBURSEMENT FOR $1,815.

PRIOR TO THE PAYMENT OF CLAIMS OF THIS NATURE, WE REQUIRE A COMPLETE ACCOUNTING REFERENCE SHOWING THE AMOUNT COLLECTED AND THE ACCOUNT TO WHICH SUCH AMOUNT WAS DEPOSITED. WHILE THE RECORD IN YOUR CASE INDICATES THAT THE SUM OF 653,400 YEN ($1,815) WAS COLLECTED FROM YOU, IT FAILS TO SHOW THAT SUCH SUM WAS DEPOSITED AS A COLLECTION ITEM IN ACCORDANCE WITH EXISTING REGULATIONS. IN THE ABSENCE OF OFFICIAL EVIDENCE ESTABLISHING THAT SUCH SUM WAS ACTUALLY COLLECTED FROM YOU AND DEPOSITED AS A COLLECTION ITEM, WE HAVE NO ALTERNATIVE BUT TO ADVISE YOU THAT, ON THE PRESENT RECORD, FAVORABLE ACTION MAY NOT BE TAKEN ON YOUR CLAIM.

BECAUSE OF THE UNUSUAL CIRCUMSTANCES INVOLVED IN YOUR CASE, HOWEVER, IT SEEMS QUITE POSSIBLE THAT YOUR CLAIM MAY FALL WITHIN THE PROVISIONS OF THE MILITARY PERSONNEL CLAIMS ACT OF 1945, 59 STAT. 225, AS AMENDED, 31 U.S.C. 222C. THAT ACT AUTHORIZES THE SECRETARY OF THE ARMY TO SETTLE AND PAY CLAIMS OF MILITARY PERSONNEL FOR LOSS OF PERSONAL PROPERTY OCCURRING INCIDENT TO THEIR SERVICE. PARAGRAPH 3B (5), ARMY REGULATIONS 25-100, ISSUED PURSUANT TO THAT ACT, PROVIDES THAT, WHEN FUNDS OF PERSONNEL ARE ACCEPTED BY PERSONS ACTING WITH AUTHORITY OF THE UNIT OR DETACHMENT COMMANDING OFFICER, FOR CONVERSION INTO MILITARY PAYMENT ORDERS, AND SUCH PERSONAL FUNDS ARE NEITHER APPLIED AS DIRECTED BY THE OWNER NOR RETURNED TO HIM, THE LOSSES ARE REIMBURSABLE WHEN ESTABLISHED BY SATISFACTORY EVIDENCE. IN VIEW OF THOSE PROVISIONS AND THE PROVISIONS OF PARAGRAPH 18C OF THAT REGULATION, YOUR CLAIM IS BEING FORWARDED TO THE BRANCH OFFICE OF THE JUDGE ADVOCATE GENERAL, FORT HOLABIRD, BALTIMORE 19, MARYLAND, BY OUR LETTER OF TODAY, A COPY OF WHICH IS ENCLOSED, FOR SUCH FURTHER ACTION AS MAY BE DEEMED APPROPRIATE.