A-83307, MARCH 2, 1937, 16 COMP. GEN. 797

A-83307: Mar 2, 1937

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WERE DRAWN TO THE ORDER OF THE DESIGNATED ALLOTTEE AND FORWARDED TO THE ALLOTTEE'S ADDRESS OF RECORD AS GIVEN BY THE ENROLLEE. WERE RECEIVED AND NEGOTIATED BY ANOTHER PERSON OF THE SAME NAME AND ADDRESS. THERE IS NO AUTHORITY FOR A DUPLICATE CHARGE AGAINST APPROPRIATED FUNDS FOR THE PURPOSE OF ADJUSTING THE ENROLLEE'S ERROR. THE CHECKS WERE DRAWN IN SETTLEMENT OF ALLOTMENT FOR THE MONTHS OF MAY AND JUNE 1936. WHILE IT APPEARS THAT YOUR CORRECT ADDRESS IS ROUTE NO. 4. THE RECORDS OF THE WAR DEPARTMENT SHOW THAT AT THE TIME THE CHECKS WERE ISSUED THE ADDRESS OF THE ALLOTTEE OF CARLILE GAINEY WAS ROUTE NO. 2. IN THIS CONNECTION IT WAS REPORTED AUGUST 28. CARLILE GAINEY) WAS: ROUTE NO. 2.

A-83307, MARCH 2, 1937, 16 COMP. GEN. 797

CHECKS - CIVILIAN CONSERVATION CORPS ALLOTMENTS - NEGOTIATION BY PARTY OF SAME NAME AND ADDRESS AS ALLOTTEE OF RECORD WHERE CHECKS REPRESENTING ALLOTMENT OF A CIVILIAN CONSERVATION CORPS ENROLLEE DISCHARGED FOR DESERTION AND NOT AVAILABLE FOR INTERVIEW, WERE DRAWN TO THE ORDER OF THE DESIGNATED ALLOTTEE AND FORWARDED TO THE ALLOTTEE'S ADDRESS OF RECORD AS GIVEN BY THE ENROLLEE, BUT WERE RECEIVED AND NEGOTIATED BY ANOTHER PERSON OF THE SAME NAME AND ADDRESS, THERE IS NO AUTHORITY FOR A DUPLICATE CHARGE AGAINST APPROPRIATED FUNDS FOR THE PURPOSE OF ADJUSTING THE ENROLLEE'S ERROR, THE MATTER BEING ONE FOR ADJUSTMENT BETWEEN THE PRIVATE PARTIES CONCERNED.

ACTING COMPTROLLER GENERAL ELLIOTT TO MINNIE GAINEY, MARCH 2, 1937:

CONSIDERATION HAS BEEN GIVEN TO YOUR CLAIM FOR THE AMOUNTS OF CHECKS NOS. 132,637 FOR $12, AND 139,271 FOR $22.50, DRAWN JUNE 15 AND JULY 7, 1936, RESPECTIVELY, TO YOUR ORDER UNDER SYMBOL 229-385 OF G. W. COOKE.

THE CHECKS WERE DRAWN IN SETTLEMENT OF ALLOTMENT FOR THE MONTHS OF MAY AND JUNE 1936, REGISTERED IN FAVOR OF MRS. MINNIE GAINEY, ROUTE NO. 2, HARTSVILLE, S.C., BY CIVILIAN CONSERVATION CORPS ENROLLEE CARLILE GAINEY. WHILE IT APPEARS THAT YOUR CORRECT ADDRESS IS ROUTE NO. 4, HARTSVILLE, S.C., THE RECORDS OF THE WAR DEPARTMENT SHOW THAT AT THE TIME THE CHECKS WERE ISSUED THE ADDRESS OF THE ALLOTTEE OF CARLILE GAINEY WAS ROUTE NO. 2, HARTSVILLE, S.C. IN THIS CONNECTION IT WAS REPORTED AUGUST 28, 1936, TO THE FINANCE OFFICER BY THE COMMANDING OFFICER, HEADQUARTERS COMPANY 3418, NC SCS-19, CCC, FRANKLINTON, N.C., THAT---

1. THE RECORDS AT THIS OFFICE SHOW THAT THE ADDRESS OF MRS. MINNIE GAINEY (ALLOTTEE OF HER SON, CARLILE GAINEY) WAS: ROUTE NO. 2, HARTSVILLE, S.C., AT THE TIME OF HER SON'S ENROLLMENT IN THE C.C.C. ON MAY 15, 1936. THIS OFFICE WAS NOT NOTIFIED OF ANY CHANGE IN ADDRESS UNTIL AFTER THE PAYROLL FOR JUNE HAD BEEN SUBMITTED TO YOUR OFFICE FOR PAYMENT. * * *

3. AN INTERVIEW WITH GAINEY CAN NOT BE MADE AS HE WAS "ADMINISTRATIVELY DISCHARGED ON AUGUST 10, 1936, FOR DESERTION.'

THE CHECKS IN QUESTION WERE DRAWN TO THE ORDER OF THE DESIGNATED ALLOTTEE AND FORWARDED TO THE ALLOTTEE'S ADDRESS OF RECORD--- ROUTE NO. 2, HARTSVILLE, S.C.--- WHERE THEY WERE RECEIVED AND NEGOTIATED BY A MRS. MINNIE GAINEY WHO RESIDED AT THAT ADDRESS. WHILE IT APPEARS THAT YOU ARE THE MOTHER OF THE ENROLLEE, CARLILE GAINEY, AND THE LATTER MAY HAVE ERRED IN GIVING THE ADDRESS OF HIS ALLOTTEE AT THE TIME OF HIS ENROLLMENT, NEVERTHELESS IT WAS THE ONLY ADDRESS ON WHICH THE GOVERNMENT COULD RELY, AND PAYMENT WAS MADE ACCORDING TO THE RECORD. IT MUST BE HELD, THEREFORE, THAT THE CHECKS IN QUESTION WERE PROPERLY ISSUED AND PAYMENT MADE TO THE ALLOTTEE OF RECORD, ON THE BASIS THAT SINCE ANY RIGHT TO PAYMENT OF ALLOTMENT TO YOU WOULD ACCRUE ONLY BY VIRTUE OF DESIGNATION IN YOUR FAVOR AS ALLOTTEE BY A CIVILIAN CONSERVATION CORPS ENROLLEE, UNTIL SUCH DESIGNATION WAS PROPERLY MADE THERE COULD ARISE NO RIGHT TO PAYMENT.

SINCE APPROPRIATED MONEYS HAVE ALREADY BEEN CHARGED WITH THE AMOUNT OF THE CHECKS PROPERLY DRAWN AND PAID AS HEREIN STATED, THERE IS NO AUTHORITY OF LAW FOR A DUPLICATE CHARGE AGAINST THE APPROPRIATION INVOLVED FOR THE PURPOSE APPARENTLY OF ADJUSTING AN ERROR MANIFESTLY MADE BY YOUR SON IN DESIGNATING AS HIS ALLOTTEE A PERSON OF THE SAME NAME AS YOURSELF BUT RESIDING AT A DIFFERENT ADDRESS. THE CHECKS HAVING BEEN ISSUED AND PAID THROUGH NO ERROR ON THE PART OF THE GOVERNMENT, THE MATTER IS ONE FOR ADJUSTMENT BETWEEN YOU AND THE ERRONEOUSLY DESIGNATED ALLOTTEE WHO RECEIVED AND NEGOTIATED THE CHECKS; THAT IS, MRS. MINNIE GAINEY, ROUTE NO. 2, HARTSVILLE, S.C.

ACCORDINGLY, ON THE PRESENT RECORD YOUR CLAIM FOR THE AMOUNT OF THE CHECKS IN QUESTION MUST BE AND IS DISALLOWED.