B-115938, OCT 6, 1953

B-115938: Oct 6, 1953

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NO ACTION WAS TAKEN THEREON BY THE CLASS E ALLOTMENT DIVISION BECAUSE THE SAID ALLOTMENT HAD BEEN DISCONTINUED ON THE BASIS OF A WD AGO FORM 30-S DATED JULY 31. ARE ENCLOSED HEREWITH FOR YOUR INFORMATION. WAS ISSUED FOR THE MONTH OF AUGUST 1948 AND REGULARLY THEREAFTER TO DECEMBER 31. THE RECORD CLEARLY ESTABLISHES THAT THE ERRONEOUS ALLOTMENT PAYMENTS WERE MADE ON THE BASIS OF THE SAID AUTHORIZATION OF AUGUST 25. THE MATTER IS REFERRED TO YOUR DEPARTMENT WITH THE REQUEST THAT THIS OFFICE BE ADVISED OF ANY ACTION WHICH HAS BEEN OR WILL BE TAKEN TOWARD EFFECTING COLLECTION FROM ANY OFFICER OR OFFICERS DEEMED TO BE RESPONSIBLE FOR FAILING TO TAKE PROPER ACTION IN THE MATTER.

B-115938, OCT 6, 1953

PRECIS-UNAVAILABLE

THE SECRETARY OF THE AIR FORCE:

UNDER DATE OF AUGUST 12, 1945, MASTER SERGEANT WOODSON FIELDS, AF 1,556,600, AUTHORIZED A CLASS E ALLOTMENT IN THE AMOUNT OF $80 PER MONTH IN FAVOR OF HIS DAUGHTER, MISS ZELDA M. FIELDS, 8843 NEAL STREET, DETROIT, MICHIGAN, TO BE EFFECTIVE OCTOBER 1, 1945. UNDER DATE OF JULY 31, 1948, HE EXECUTED A WD AGO FORM 141 REQUESTING DISCONTINUANCE THEREOF EFFECTIVE JULY 31, 1948, BY REASON OF RETIREMENT. HOWEVER, NO ACTION WAS TAKEN THEREON BY THE CLASS E ALLOTMENT DIVISION BECAUSE THE SAID ALLOTMENT HAD BEEN DISCONTINUED ON THE BASIS OF A WD AGO FORM 30-S DATED JULY 31, 1948, SHOWING THE REASON THEREFOR AS RETIREMENT AND THE DATE OF SEPARATION AS JULY 31, 1948. HOWEVER, FIELDS DID NOT RETIRE UNTIL AUGUST 31, 1948, AND UNDER DATE OF AUGUST 25, 1948, HE EXECUTED A WD AGO FORM 141 AUTHORIZING A CLASS E ALLOTMENT OF $80 EFFECTIVE AUGUST 1, 1948, IN FAVOR OF MISS ZELDA M. FIELDS, "8843RD NEAL ST", DETROIT, MICHIGAN. A PHOTOSTATIC COPY OF THE SAID FORMS DATED JULY 31, 1948, AND AUGUST 25, 1948, ARE ENCLOSED HEREWITH FOR YOUR INFORMATION.

A SPECIAL ALLOTMENT CHECK DATED SEPTEMBER 10, 1948, WAS ISSUED FOR THE MONTH OF AUGUST 1948 AND REGULARLY THEREAFTER TO DECEMBER 31, 1950, ADDRESSED TO THE ALLOTTEE AT "8843RD NEAL ST", PREVIOUS ALLOTMENT CHECKS HAVING BEEN ADDRESSED TO THE ALLOTTEE AT "8843 NEAL ST." HENCE, THE RECORD CLEARLY ESTABLISHES THAT THE ERRONEOUS ALLOTMENT PAYMENTS WERE MADE ON THE BASIS OF THE SAID AUTHORIZATION OF AUGUST 25, 1948.

IN VIEW OF THE PROVISIONS OF SECTION 16 OF THE ACT OF MARCH 2, 1899, 30 STAT. 981, AS AMENDED, AND THE PROVISIONS OF ARMY REGULATIONS 35 5520, DATED JUNE 4, 1947, AND REGULATIONS RELATING GENERALLY TO THE MATTER OF RESPONSIBILITY AND LIABILITY FOR PAYMENTS OF AN ALLOTMENT MADE BECAUSE OF THE FAILURE OF AN OFFICER TO REPORT ANY FACT WHICH RENDERS THE ALLOTMENT NOT PAYABLE, THE MATTER IS REFERRED TO YOUR DEPARTMENT WITH THE REQUEST THAT THIS OFFICE BE ADVISED OF ANY ACTION WHICH HAS BEEN OR WILL BE TAKEN TOWARD EFFECTING COLLECTION FROM ANY OFFICER OR OFFICERS DEEMED TO BE RESPONSIBLE FOR FAILING TO TAKE PROPER ACTION IN THE MATTER.