B-153882, JUL. 23, 1964
Highlights
RANDALL: REFERENCE IS MADE TO YOUR LETTER OF JULY 2. IT WAS HELD FOR THE REASONS STATED THAT YOU WERE PROPERLY INDEBTED TO THE UNITED STATES FOR THE UNEARNED REENLISTMENT BONUS. WE HAVE NO AUTHORITY TO REMIT OR WAIVE THE COLLECTION OF DEBTS DUE THE UNITED STATES. ON THE PRESENT RECORD YOU ARE INDEBTED TO THE UNITED STATES FOR THE UNEARNED REENLISTMENT BONUS. SINCE A CHANGE IN THE CHARACTER OF YOUR DISCHARGE WILL NOT AFFECT YOUR LIABILITY WE FIND NO PROPER GROUNDS FOR DEFERRING COLLECTION PROCEEDINGS IN THE MATTER. IN THIS REGARD IT MAY BE STATED THAT WE CANNOT AGREE WITH YOUR APPARENT BELIEF THAT REPAYMENT OF THE DEBT WILL PREJUDICE THE RESPONSIBLE OFFICIALS OF THE DEPARTMENT OF THE AIR FORCE IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES.
B-153882, JUL. 23, 1964
TO MR. JAMES M. RANDALL:
REFERENCE IS MADE TO YOUR LETTER OF JULY 2, 1964, AND ENCLOSURE, AGAIN REQUESTING THAT WE DEFER ACTION TO RECOUP YOUR INDEBTEDNESS TO THE UNITED STATES FOR UNEARNED REENLISTMENT BONUS UNTIL THE SECRETARY OF THE AIR FORCE HAS ACTED ON YOUR REQUEST FOR A REVIEW OF THE DISCHARGE ACTION IN YOUR CASE.
BY DECISION DATED MAY 25, 1964, B-153882, IT WAS HELD FOR THE REASONS STATED THAT YOU WERE PROPERLY INDEBTED TO THE UNITED STATES FOR THE UNEARNED REENLISTMENT BONUS, AND BY LETTER DATED JUNE 19, 1964, WE ADVISED YOU THAT WE MAY NOT DEFER ACTION TO RECOUP YOUR INDEBTEDNESS TO THE UNITED STATES FOR UNEARNED REENLISTMENT BONUS PENDING YOUR REQUEST TO THE DEPARTMENT OF THE AIR FORCE FOR A REVIEW OF THE DISCHARGE ACTION, SINCE A CHANGE IN THE CHARACTER OF YOUR DISCHARGE WOULD NOT AFFECT YOUR LIABILITY FOR REFUND OF UNEARNED REENLISTMENT BONUS.
AS A BASIS FOR YOUR PRESENT REQUEST YOU APPEAR TO BELIEVE THAT REPAYMENT OF THE INDEBTEDNESS WOULD BE AN ACKNOWLEDGEMENT THAT YOU OWE THE MONEY AND THAT ANY SUCH ADMISSION BY YOU WOULD REDUCE YOUR CHANCES OF OBTAINING A REVIEW IN THE MATTER.
WE HAVE NO AUTHORITY TO REMIT OR WAIVE THE COLLECTION OF DEBTS DUE THE UNITED STATES. ON THE PRESENT RECORD YOU ARE INDEBTED TO THE UNITED STATES FOR THE UNEARNED REENLISTMENT BONUS, AND SINCE A CHANGE IN THE CHARACTER OF YOUR DISCHARGE WILL NOT AFFECT YOUR LIABILITY WE FIND NO PROPER GROUNDS FOR DEFERRING COLLECTION PROCEEDINGS IN THE MATTER.
IN THIS REGARD IT MAY BE STATED THAT WE CANNOT AGREE WITH YOUR APPARENT BELIEF THAT REPAYMENT OF THE DEBT WILL PREJUDICE THE RESPONSIBLE OFFICIALS OF THE DEPARTMENT OF THE AIR FORCE IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES. IN THE EVENT THE ACTION TAKEN BY THAT DEPARTMENT ON YOUR REQUEST FOR REVIEW OF THE DISCHARGE ACTION IN YOUR CASE GOES BEYOND THE CHARACTER OF YOUR DISCHARGE AND YOU BELIEVE YOU ARE ENTITLED TO A REPAYMENT OF THE AMOUNT REFUNDED AS A RESULT OF SUCH ACTION, YOU MAY FILE A CLAIM FOR SUCH AMOUNT WITH THIS OFFICE, WHICH CLAIM WILL RECEIVE PROMPT CONSIDERATION.