B-109516-(2), JUN 4, 1952

B-109516-(2): Jun 4, 1952

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JR.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 21. THE ACTION TAKEN BY THE CLAIMS DIVISION OF THIS OFFICE IN REQUESTING PAYMENT OF THE DEBT WAS BASED UPON THE CERTIFICATION BY THE DEPARTMENT OF THE ARMY. DRIESENS IS INDEBTED TO THE UNITED STATES IN THE AMOUNT OF $893.35 ON ACCOUNT OF LOSS OR DAMAGE TO GOVERNMENT PROPERTY INCIDENT TO HIS MILITARY SERVICE. THE FACTS UPON WHICH THE SAID CERTIFICATION WAS BASED ARE NOT OF RECORD IN THIS OFFICE. THE DETERMINATION AS TO WHETHER THE OFFICER IS TO BE HELD PECUNIARILY LIABLE FOR THE LOSS OR DAMAGE TO THE GOVERNMENT PROPERTY INVOLVED IS VESTED SOLELY WITHIN THE JURISDICTION OF THE DEPARTMENT OF THE ARMY. IS WITHOUT AUTHORITY OF LAW TO REVIEW OR REVISE THE ADMINISTRATIVE ACTION TAKEN IN THIS MATTER.

B-109516-(2), JUN 4, 1952

PRECIS-UNAVAILABLE

GERALD R. FORD, JR.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 21, 1952, RELATIVE TO THE CLAIM OF THE UNITED STATES IN THE AMOUNT OF $893.35 AGAINST MR. ROBERT J. DRIESENS, 1123 WALKER STREET, N.W., GRAND RAPIDS 4, MICHIGAN. YOU REQUEST THAT THIS OFFICE INVESTIGATE THIS MATTER AND GIVE YOU A FULL REPORT THEREON.

THE ACTION TAKEN BY THE CLAIMS DIVISION OF THIS OFFICE IN REQUESTING PAYMENT OF THE DEBT WAS BASED UPON THE CERTIFICATION BY THE DEPARTMENT OF THE ARMY, DATED MAY 26, 1948, PURSUANT TO THE PROVISIONS OF THE ACT OF MARCH 29, 1894, 28 STAT. 47, AS AMENDED (31 U.S.C. 89 TO 92, INCLUSIVE), THAT AS A RESULT OF AN ADMINISTRATIVE DETERMINATION BY THE SECRETARY OF THE ARMY, SECOND LIEUTENANT ROBERT J. DRIESENS IS INDEBTED TO THE UNITED STATES IN THE AMOUNT OF $893.35 ON ACCOUNT OF LOSS OR DAMAGE TO GOVERNMENT PROPERTY INCIDENT TO HIS MILITARY SERVICE; THAT SAID CERTIFICATION INCLUDES ALL CHARGES FOR PROPERTY AGAINST HIM MADE UP TO THE DATE OF SAID CERTIFICATE AND NOT PREVIOUSLY CERTIFIED TO THIS OFFICE; THAT HE HAS HAD REASONABLE OPPORTUNITY TO BE HEARD AND HAS NOT BEEN RELIEVED OF RESPONSIBILITY; THAT DEMAND FOR PAYMENT HAS BEEN MADE UPON HIM AND THAT PAYMENT HAS NOT BEEN RECEIVED. THE FACTS UPON WHICH THE SAID CERTIFICATION WAS BASED ARE NOT OF RECORD IN THIS OFFICE.

UNDER THE PROVISIONS OF THE ABOVE-CITED ACT AND ADMINISTRATIVE REGULATIONS ISSUED PURSUANT THERETO (SEE ARMY REGULATIONS 35-6520, DATED AUGUST 20, 1946, AND ARMY REGULATIONS 35-6640, DATE APRIL 16, 1945, RELATING TO PROPERTY ACCOUNTABILITY AND RESPONSIBILITY AND TO ACCOUNTING FOR LOST, DAMAGED AND DESTROYED PROPERTY, RESPECTIVELY), THE DETERMINATION AS TO WHETHER THE OFFICER IS TO BE HELD PECUNIARILY LIABLE FOR THE LOSS OR DAMAGE TO THE GOVERNMENT PROPERTY INVOLVED IS VESTED SOLELY WITHIN THE JURISDICTION OF THE DEPARTMENT OF THE ARMY. THIS OFFICE, THEREFORE, IS WITHOUT AUTHORITY OF LAW TO REVIEW OR REVISE THE ADMINISTRATIVE ACTION TAKEN IN THIS MATTER. HENCE IF THE FORMER OFFICER BELIEVES THAT THE DEBT CHARGE MADE AGAINST HIM IS IMPROPER AND THAT THE RESPONSIBILITY FOR THE LOSS OR DAMAGE HAS BEEN ERRONEOUSLY PLACED, HIS RECOURSE IS TO THE DEPARTMENT OF THE ARMY, REQUESTING A REVIEW OF THE FINDINGS. SEE DEPARTMENT OF THE ARMY SPECIAL REGULATIONS NO. 735-150-1, DATED DECEMBER 1, 1949, PROPERTY ACCOUNTABILITY, ACCOUNTING FOR LOST, DAMAGED OR DESTROYED PROPERTY. HOWEVER, IN VIEW OF YOUR REQUEST, A COPY OF YOUR LETTER IS BEING TRANSMITTED TO THE SECRETARY OF THE ARMY FOR CONSIDERATION AND REPORT. UPON RECEIPT OF SUCH REPORT I SHALL BE PLEASED TO ADVISE YOU FURTHER WITH RESPECT TO THE MATTER.