B-97103, FEB. 7, 1962

B-97103, FEB. 7, 1962

TO COMMANDER CHESTER B. PEAKE:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 28, 1961, TO THE U.S. NAVY FINANCE CENTER, FORWARDED HERE FOR OUR CONSIDERATION AND REPLY, CONCERNING YOUR CLAIM FOR REFUND OF RENTAL ALLOWANCE PAID TO YOU FOR THE PERIOD FROM JANUARY 12 TO OCTOBER 2, 1935, AND SUBSEQUENTLY CHECKED AGAINST YOUR PAY ACCOUNT AS BEING ERRONEOUSLY PAID, WHILE YOU WERE SERVING AS AN OFFICER IN THE UNITED STATES NAVY.

BY OUR DECISION DATED NOVEMBER 17, 1958, B-97103, YOU WERE ADVISED THAT SINCE DURING THE PERIOD INVOLVED YOU OCCUPIED QUARTERS IN THE PANAMA CANAL ZONE WHICH WERE UNDER THE JURISDICTION OF THE PANAMA CANAL, THE AMOUNT WHICH ACCRUED TO YOU FOR RENTAL ALLOWANCE FOR SUCH PERIOD WAS RESTRICTED BY THE ACT OF APRIL 26, 1934, 48 STAT. 614, AND THE ACT OF APRIL 10, 1935, 49 STAT. 124, TO THE RENTAL RATE CHARGED FOR SUCH QUARTERS ON MARCH 5, 1934. THAT DECISION, WHICH SUSTAINED THE DISALLOWANCE OF YOUR CLAIM BY OUR CLAIMS DIVISION SETTLEMENT OF AUGUST 20, 1942, WAS SUBSEQUENTLY REVIEWED ON YOUR REQUEST AND REAFFIRMED IN OUR LETTER OF OCTOBER 23, 1959, B-97103, TO YOU.

IN YOUR CURRENT LETTER YOU SAY THAT "A SERVICE PERIODICAL RECENTLY STATED THE NAVY FINANCE CENTER WAS ACCEPTING REQUESTS FOR REFUNDS PURSUANT TO PL- 97-207," AND YOU REQUEST ADVICE AS TO THE APPLICATION OF THAT LAW WITH RESPECT TO YOUR CLAIM. YOU APPARENTLY REFER TO PUBLIC LAW 87-207, 87TH CONGRESS, APPROVED SEPTEMBER 6, 1961, WHICH IS AN ACT FOR THE RELIEF OF CERTAIN MEMBERS AND FORMER MEMBERS OF THE UNIFORMED SERVICES ERRONEOUSLY IN RECEIPT OF FAMILY SEPARATION ALLOWANCES. WE ARE SENDING YOU A COPY OF THIS ACT HEREWITH, AND YOU WILL NOTE THAT IT APPLIES ONLY TO MEMBERS AND FORMER MEMBERS OF THE UNIFORMED SERVICES WHO ERRONEOUSLY RECEIVED PAYMENTS OF FAMILY SEPARATION ALLOWANCES AFTER FEBRUARY 28, 1956, AND BEFORE SEPTEMBER 1, 1956. SUCH ACT HAS NO APPLICATION TO THE FACTS IN YOUR CASE.

WE HAVE NOTED THAT IN YOUR LETTER OF OCTOBER 28, 1961, YOU MAKE REFERENCE GENERALLY TO H.R. 12123, 86TH CONGRESS, 2ND SESSION; H.R. 4131 (87TH CONGRESS, 1ST SESSION); AND H.R. 5802, 87TH CONGRESS, 1ST SESSION, AND REQUEST INFORMATION WHETHER THAT OR OTHER SIMILAR RELIEF LEGISLATION, OR ANY ADMINISTRATIVE ACTION, NOW AFFORDS A BASIS FOR THE ALLOWANCE OF YOUR CLAIM. AS YOU REALIZE, H.R. 12123, WHICH WAS INTRODUCED IN THE HOUSE OF REPRESENTATIVES AS PRIVATE RELIEF LEGISLATION ON YOUR BEHALF FOR REIMBURSEMENT OF THE AGGREGATE AMOUNT DEDUCTED FROM YOUR PERSONAL ACCOUNT BY THE DEPARTMENT OF THE NAVY ON ACCOUNT OF OVERPAYMENTS TO YOU OF RENTAL ALLOWANCES WHILE YOUR DEPENDENTS OCCUPIED GOVERNMENT QUARTERS IN THE CANAL ZONE DURING THE PERIOD JANUARY 12 TO OCTOBER 2, 1935, WAS NOT ENACTED INTO LAW AND DID NOT AFFORD YOU RELIEF. H.R. 4131 STATES IN SECTION 2 THAT THE PROVISIONS OF THE PROPOSED ACT WOULD APPLY TO INDEBTEDNESS GROWING OUT OF ERRONEOUS PAYMENTS MADE AFTER JUNE 30, 1950, AND BY THIS RESTRICTION ALONE YOUR CLAIM WOULD NOT BE RECOGNIZED. H.R. 5802, WHICH IS A BILL TO AMEND CHAPTER 53 OF TITLE 10, U.S.C. TO PROVIDE FOR THE PROMPT NOTIFICATION OF MEMBERS OF THE ARMED FORCES OF ANY INDEBTEDNESS THEY MAY HAVE TO THE UNITED STATES ARISING OUT OF OVERPAYMENTS OF PAY AND ALLOWANCES, IS NOT STATED TO BE RETROACTIVE IN NATURE, AND IS STILL PENDING LEGISLATION. ARE NOT AWARE OF ANY OTHER LEGISLATIVE OR ADMINISTRATIVE ACTION THAT MIGHT BE CONSIDERED AS AUTHORITY FOR THE REFUND TO YOU OF THE RENTAL ALLOWANCE OVERPAYMENTS IN QUESTION.

ACCORDINGLY, AS STATED IN OUR LETTER OF OCTOBER 23, 1959, TO YOU, WE FIND NO BASIS FOR ANY CHANGE IN THE CONCLUSION REACHED BY US IN OUR DECISION DATED NOVEMBER 17, 1958.