B-122708, MAY 6, 1955

B-122708: May 6, 1955

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DEWITLER MARTIN: FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 14. PURPORTED TO HAVE BEEN COLLECTED FROM YOU ON SEPTEMBER 16. 1946 APP ************* P.A. ************* WHICH SUM I HAVE PASSED TO THE CREDIT OF THE UNITED STATES. YOU STATE THAT UNDER THE PROVISIONS OF CIRCULAR 130 YOU WERE NOT PERMITTED TO HAVE IN YOUR POSSESSION SUCH A LARGE SUM OF MONEY. YOU INDICATE THAT YOU WERE UNABLE TO EXCHANGE UNITED STATES CURRENCY AT THAT TIME BECAUSE OF A CHANGE IN THE OLD "DUTCH" MARKS. WE REQUIRE A COMPLETE ACCOUNTING REFERENCE SHOWING THE AMOUNT COLLECTED AND THE ACCOUNT TO WHICH SUCH AMOUNT WAS DEPOSITED. UPON THE RECEIPT OF THAT REPORT WE MADE A THOROUGH SEARCH OF THE DISBURSING OFFICER'S ACCOUNTS IN A FURTHER ATTEMPT TO ASCERTAIN WHETHER THE SUM OF $244 ACTUALLY WAS COLLECTED FROM YOU AND DEPOSITED AS A COLLECTION ITEM IN ACCORDANCE WITH EXISTING REGULATIONS BUT NO RECORD OF THE PARTICULAR TRANSACTION WAS FOUND.

B-122708, MAY 6, 1955

PRECIS-UNAVAILABLE

MR. DEWITLER MARTIN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 14, 1954, REQUESTING REVIEW OF THAT PART OF SETTLEMENT DATED AUGUST 16, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF MISCELLANEOUS COLLECTION IN THE AMOUNT OF $244, PURPORTED TO HAVE BEEN COLLECTED FROM YOU ON SEPTEMBER 16, 1946, WHILE SERVING IN MUNICH, GERMANY, AS AN ENLISTED MAN IN THE ARMY.

IN SUPPORT OF YOUR CLAIM YOU FURNISHED A COPY OF RECEIPT FOR MISCELLANEOUS COLLECTIONS, FORM NO. 38, SIGNED BY A LIEUTENANT EARL BLANTON, JR., READING AS FOLLOWS:

"WAR DEPARTMENT

FINANCE DEPARTMENT

WAR DEPT

FINANCE DEPT

FORM #38

RECEIPT FOR MISCELLANEOUS COLLECTIONS

$ 2240 AN 3556 TRANSPORTATION CORPS TRK. CO. (TR.)

16 SEPTEMBER 1946

(STATION) (DATE)

* RECEIVED IN CASH OF

* FROM PFC. DEWITLER MARTIN

TWO HUNDRED AND FORTY FOUR DOLLARS AND CENTS.

ON ACCOUNT OF CIRCULAR 130, USFET, DTD. 13 SEPTEMBER, 1946

APP ************* P.A. ************* WHICH SUM I HAVE PASSED TO THE CREDIT OF THE UNITED STATES, AND HOLD MYSELF ACCOUNTABLE THEREFOR.

(SIGNED) EARL BLANTON JR.

EARL BLANTON JR.

2ND LT (FINANCE DEPARTMENT

*STRIKE OUT WORDS NOT APPLICABLE."

IN FORWARDING THE MATTER HERE, THE DEPARTMENT OF THE ARMY STATED THAT CIRCULAR 130, USFET, DATED SEPTEMBER 13, 1946, CITED IN THE FOREGOING FORM NO. 38, DEALS WITH THE ISSUANCE OF MILITARY PAYMENT CERTIFICATES. YOU STATE THAT UNDER THE PROVISIONS OF CIRCULAR 130 YOU WERE NOT PERMITTED TO HAVE IN YOUR POSSESSION SUCH A LARGE SUM OF MONEY, AND YOU INDICATE THAT YOU WERE UNABLE TO EXCHANGE UNITED STATES CURRENCY AT THAT TIME BECAUSE OF A CHANGE IN THE OLD "DUTCH" MARKS.

PRIOR TO THE PAYMENT OF CLAIMS OF THIS NATURE, WE REQUIRE A COMPLETE ACCOUNTING REFERENCE SHOWING THE AMOUNT COLLECTED AND THE ACCOUNT TO WHICH SUCH AMOUNT WAS DEPOSITED. THE DEPARTMENT OF THE ARMY IN A REPORT DATED MAY 7, 1954, STATED "A SEARCH OF THE APPLICABLE DISBURSING OFFICER'S ACCOUNTS FAILED TO REVEAL ANY RECORD OF A COLLECTION OF $244.00 FROM THE SERVICEMAN." UPON THE RECEIPT OF THAT REPORT WE MADE A THOROUGH SEARCH OF THE DISBURSING OFFICER'S ACCOUNTS IN A FURTHER ATTEMPT TO ASCERTAIN WHETHER THE SUM OF $244 ACTUALLY WAS COLLECTED FROM YOU AND DEPOSITED AS A COLLECTION ITEM IN ACCORDANCE WITH EXISTING REGULATIONS BUT NO RECORD OF THE PARTICULAR TRANSACTION WAS FOUND. IN THE ABSENCE OF OFFICIAL EVIDENCE ESTABLISHING THAT THE SUM OF $244 ACTUALLY WAS COLLECTED FROM YOU AND DEPOSITED AS A COLLECTION ITEM, WE HAVE NO ALTERNATIVE BUT TO ADVISE YOU THAT, ON THE PRESENT RECORD, FAVORABLE ACTION MAY NOT BE TAKEN ON YOUR CLAIM AND THAT THE SETTLEMENT OF AUGUST 16, 1954, MUST BE SUSTAINED.

IN VIEW OF THE UNUSUAL CIRCUMSTANCES INVOLVED IN YOUR CASE, HOWEVER, IT SEEMS QUITE POSSIBLE THAT YOUR CLAIM MAY FALL WITHIN THE PROVISIONS OF THE MILITARY PERSONNEL CLAIMS ACT OF 1945, 59 STAT. 225, AS AMENDED, 31 U.S.C. 222C. THAT ACT AUTHORIZES THE SECRETARY OF THE ARMY TO SETTLE AND PAY ANY CLAIM OF MILITARY PERSONNEL FOR LOSS OF PERSONAL PROPERTY OCCURRING INCIDENT TO THEIR SERVICE. PARAGRAPH 3B(5), ARMY REGULATIONS 25-100, ISSUED PURSUANT TO THAT ACT, PROVIDES THAT, WHEN FUNDS OF PERSONNEL ARE ACCEPTED BY PERSONS ACTING WITH AUTHORITY OF THE UNIT OR DETACHMENT COMMANDING OFFICER, FOR CONVERSION INTO MILITARY PAYMENT ORDERS, AND SUCH PERSONAL FUNDS ARE NEITHER APPLIED AS DIRECTED BY THE OWNER NOR RETURNED TO HIM, THE LOSSES ARE REIMBURSABLE WHEN ESTABLISHED BY SATISFACTORY EVIDENCE. IN VIEW OF THOSE PROVISIONS AND THE PROVISIONS OF PARAGRAPH 18C OF THAT REGULATION, THE FORM NO. 38, RECEIPT FOR MISCELLANEOUS COLLECTIONS, SUBMITTED BY YOU IN SUPPORT OF YOUR CLAIM, AND A COPY OF YOUR LETTER OF NOVEMBER 14, 1954, ARE BEING FORWARDED TO THE BRANCH OFFICE OF THE JUDGE ADVOCATE GENERAL, FORT HOLABIRD, BALTIMORE 19, MARYLAND, BY OUR LETTER OF TODAY, A COPY OF WHICH IS ENCLOSED, FOR SUCH ACTION AS MAY BE DEEMED APPROPRIATE.