B-144196, JAN. 19, 1961
Highlights
BECKWITH: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 10. WE EXPLAINED THE REASONS WHY YOU ARE INDEBTED TO THE UNITED STATES IN THE AMOUNT OF $350.10. YOU APPEAR TO BELIEVE THAT YOU ARE WITHIN THE CATEGORY (1) OF THE DEFINITION. THAT YOU WERE ON COMPULSORY ACTIVE DUTY AND YOUR UNIFORM WAS NO DIFFERENT THAN THE MAN WHO WAS DRAFTED FOR 21 MONTHS' SERVICE. WHILE IT MAY BE THAT YOU WERE ON COMPULSORY ACTIVE DUTY. YOU WERE NOT ON SUCH DUTY IN THE REGULAR SERVICE AS REQUIRED BY THE DEFINITION WITH RESPECT TO CATEGORY (1) AND THE ERRONEOUS INTERPRETATION OF THE PROVISIONS OF SECTION 207 (B) BY A RECRUITING OFFICER WHO ADVISED YOU AS TO YOUR RIGHTS DOES NOT AFFECT THE ILLEGALITY OF THE PAYMENT OF THE REENLISTMENT BONUS.
B-144196, JAN. 19, 1961
TO MR. CLIFFORD V. BECKWITH:
REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 10, 1960, FURTHER CONCERNING THE MATTER OF YOUR INDEBTEDNESS TO THE UNITED STATES RESULTING FROM THE ERRONEOUS PAYMENT TO YOU OF A REENLISTMENT BONUS INCIDENT TO YOUR MILITARY SERVICE.
BY DECISION OF DECEMBER 6, 1960, B-144196, TO YOU, WE EXPLAINED THE REASONS WHY YOU ARE INDEBTED TO THE UNITED STATES IN THE AMOUNT OF $350.10. YOU REFER TO THE THIRD PARAGRAPH OF THAT DECISION IN WHICH WE QUOTED THE DEFINITION OF A REENLISTMENT FOR REENLISTMENT BONUS PURPOSES AS CONTAINED IN SECTION 207 (B) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 811, 37 U.S.C. 238 (A), AS BEING AN "ENLISTMENT IN ONE OF THE REGULAR SERVICES FOLLOWING (1) COMPULSORY OR VOLUNTARY ACTIVE DUTY IN SUCH SERVICE, OR (2) EXTENDED ACTIVE DUTY OF ONE YEAR OR MORE IN A RESERVE COMPONENT OF SUCH SERVICE.' YOU APPEAR TO BELIEVE THAT YOU ARE WITHIN THE CATEGORY (1) OF THE DEFINITION, SAYING IN THE LETTER OF DECEMBER 10, 1960, THAT YOU WERE ON COMPULSORY ACTIVE DUTY AND YOUR UNIFORM WAS NO DIFFERENT THAN THE MAN WHO WAS DRAFTED FOR 21 MONTHS' SERVICE.
WHILE IT MAY BE THAT YOU WERE ON COMPULSORY ACTIVE DUTY, YOU WERE NOT ON SUCH DUTY IN THE REGULAR SERVICE AS REQUIRED BY THE DEFINITION WITH RESPECT TO CATEGORY (1) AND THE ERRONEOUS INTERPRETATION OF THE PROVISIONS OF SECTION 207 (B) BY A RECRUITING OFFICER WHO ADVISED YOU AS TO YOUR RIGHTS DOES NOT AFFECT THE ILLEGALITY OF THE PAYMENT OF THE REENLISTMENT BONUS. IN THIS CONNECTION YOU ARE ADVISED THAT THE RIGHT OF THE GOVERNMENT TO RECOVER ERRONEOUS PAYMENTS MADE BY IT HAS BEEN CLEARLY ESTABLISHED BY THE COURTS. IN WISCONSIN CENTRAL RAILROAD COMPANY V. UNITED STATES, 164 U.S. 190, THE SUPREME COURT HELD THAT PERSONS WHO RECEIVED ERRONEOUS PAYMENTS FROM THE UNITED STATES THROUGH ADMINISTRATIVE ERROR OF ITS OFFICERS ARE BOUND IN EQUITY AND GOOD CONSCIENCE TO MAKE RESTITUTION. EVEN FINANCIAL HARDSHIP WHICH MIGHT RESULT FROM COLLECTION FROM THE RECIPIENT OR THE FACT THAT THE PAYMENT MAY HAVE BEEN RECEIVED IN GOOD FAITH "CANNOT STAND AGAINST THE INJUSTICE OF KEEPING WHAT NEVER RIGHTFULLY BELONGED TO HIM AT ALL.' UNITED STATES V. BENTLEY, 107 F.2D 382, 384.
ACCORDINGLY, YOU ARE AGAIN REQUESTED TO TAKE IMMEDIATE STEPS TO PAY YOUR INDEBTEDNESS OR MAKE SUITABLE ARRANGEMENTS FOR ITS LIQUIDATION.
UNLESS SUCH ACTION IS TAKEN BY YOU WITHIN 30 DAYS FROM THIS DATE, WE WILL REFER THE MATTER TO THE APPROPRIATE UNITED STATES ATTORNEY FOR COLLECTION.