B-123096, JUL. 12, 1955

B-123096: Jul 12, 1955

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LEVRIER: FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 15. ADVISING THAT A REVIEW OF YOUR ACCOUNT REVEALED THAT YOU WERE NOT INDEBTED AND TO DISREGARD A NOTICE OF INDEBTEDNESS. IT IS REPORTED THAT THE DEPARTMENT OF THE ARMY'S NOTICE OF INDEBTEDNESS DATED APRIL 14. WAS CORRECT. WAS ISSUED THROUGH ERROR. SOLDIERS' HOME CONTRIBUTION .10 CASH (OR CHECK) PAYMENT 130.00 TOTAL 289.89 OVERPAYMENT $105.46 IT WILL BE NOTED THAT EVEN IF THE CHARGE AGAINST YOUR ACCOUNT FOR FAMILY ALLOWANCE PAYMENTS TO YOUR DEPENDENT FOR AUGUST AND SEPTEMBER 1950 BE OMITTED FROM THE ABOVE COMPUTATION. YOUR ACCOUNT WAS OVERPAID FOR THE MONTH OF JULY 1950 IN THE AMOUNT OF $5.46. YOU WERE PAID THROUGH JULY 1950 ON A SAVED PAY BASIS AT THE RATES IN EFFECT ON SEPTEMBER 30.

B-123096, JUL. 12, 1955

TO MR. RICHARD A. LEVRIER:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 15, 1954, WITH ENCLOSURES, CONCERNING YOUR INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $83.02, REDUCED FROM $105.46 BY OUR SETTLEMENT OF NOVEMBER 3, 1954, WHICH ALLOWED YOUR CLAIM IN THE AMOUNT OF $22.44 FOR CLOTHING ALLOWANCE FROM SEPTEMBER 28, 1950, TO FEBRUARY 28, 1951, AND APPLIED THE AMOUNT IN PARTIAL LIQUIDATION OF THE INDEBTEDNESS.

IN VIEW OF THE COPY WHICH YOU ENCLOSED OF A LETTER DATED MAY 21, 1952, TO YOU FROM THE MILITARY PAY DIVISION, ARMY FINANCE CENTER, ADVISING THAT A REVIEW OF YOUR ACCOUNT REVEALED THAT YOU WERE NOT INDEBTED AND TO DISREGARD A NOTICE OF INDEBTEDNESS, A FURTHER REPORT ON THE MATTER HAS NOW BEEN OBTAINED FROM THE DEPARTMENT OF THE ARMY. IT IS REPORTED THAT THE DEPARTMENT OF THE ARMY'S NOTICE OF INDEBTEDNESS DATED APRIL 14, 1952, WAS CORRECT, AND THAT ITS LETTER OF MAY 21, 1952, WAS ISSUED THROUGH ERROR.

YOUR PAY ACCOUNT FOR JULY 1 TO 31, 1950, COMPUTED ON A SAVED PAY BASIS AT THE RATES IN EFFECT ON SEPTEMBER 30, 1949, SHOWS THE FOLLOWING CREDITS AND DEBITS:

TABLE

CREDITS

AMOUNT UNPAID, LAST ACCOUNT $ .05

PAY AS CORPORAL WITH OVER 3

YEARS' SERVICE, JULY 1 TO 31,

1950, 1 MONTH AT $105 A MONTH 105.00

BASIC ALLOWANCE FOR SUBSISTENCE,

SEPARATE RATIONS, JULY 1 TO

AUGUST 2, 1950, 33 DAYS AT $1.05 34.65

CLOTHING ALLOWANCE (JUNE 30, 1950) 16.73

GOVERNMENT CONTRIBUTION TO FAMILY

ALLOWANCE, JULY 1 TO 31, 1950 28.00

TOTAL AMOUNT EARNED $184.43

DEBITS

CLASS N (INSURANCE) ALLOTMENT

ADVANCE PREMIUM $ 6.90

FAMILY ALLOWANCE PAYMENTS, JULY,

AUGUST AND SEPTEMBER, 1950

3 MONTHS AT $50 PER MONTH 150.00

GOVERNMENT PROPERTY LOST OR DAMAGED1.89

GOVERNMENT LAUNDRY 1.00

U.S. SOLDIERS' HOME CONTRIBUTION .10

CASH (OR CHECK) PAYMENT 130.00

TOTAL 289.89

OVERPAYMENT $105.46

IT WILL BE NOTED THAT EVEN IF THE CHARGE AGAINST YOUR ACCOUNT FOR FAMILY ALLOWANCE PAYMENTS TO YOUR DEPENDENT FOR AUGUST AND SEPTEMBER 1950 BE OMITTED FROM THE ABOVE COMPUTATION, YOUR ACCOUNT WAS OVERPAID FOR THE MONTH OF JULY 1950 IN THE AMOUNT OF $5.46.

AS TO THE FAMILY ALLOWANCE CHARGES, THE RECORD SHOWS THAT UNDER THE SAVINGS PROVISIONS OF SECTION 515 (B) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 802, 831, 37 U.S.C. 315, YOU WERE PAID THROUGH JULY 1950 ON A SAVED PAY BASIS AT THE RATES IN EFFECT ON SEPTEMBER 30, 1949, SINCE YOUR TOTAL PAY AND ALLOWANCES, INCLUDING THE GOVERNMENT'S CONTRIBUTION OF $28 A MONTH TOWARD PAYMENT OF FAMILY ALLOWANCE OF $50 A MONTH, THE AMOUNT AUTHORIZED FOR A WIFE, EXCEEDED THE TOTAL PAY AND ALLOWANCES YOU WOULD HAVE BEEN ENTITLED TO RECEIVE UNDER THE 1949 ACT.

UNDER THE PROVISIONS OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED BY THE DEPENDENTS ASSISTANCE ACT OF 1950, APPROVED SEPTEMBER 8, 1950, 64 STAT. 794, 37 U.S.C. 252, YOU BECAME ENTITLED, RETROACTIVELY TO AUGUST 1, 1950, TO A BASIC ALLOWANCE IN LIEU OF QUARTERS ON ACCOUNT OF YOUR DEPENDENT AT THE RATE OF $67.50 A MONTH. INASMUCH AS YOUR TOTAL MONTHLY COMPENSATION COMPUTED AT THE RATES AUTHORIZED BY THE 1949 ACT, AS AMENDED, THEN EXCEEDED THE PAY AND ALLOWANCES YOU WERE ENTITLED TO RECEIVE ON A SAVED PAY BASIS, INCLUDING THE GOVERNMENT'S CONTRIBUTION TOWARD PAYMENT OF FAMILY ALLOWANCE, THE SAVINGS PROVISIONS OF THE 1949 ACT CEASED TO APPLY IN YOUR CASE. YOUR PAY THEN WAS FOR COMPUTATION RETROACTIVELY FROM AUGUST 1, 1950, UNDER THE CAREER COMPENSATION ACT OF 1949, AS AMENDED BY THE DEPENDENTS ASSISTANCE ACT OF 1950, AND THE PAYMENT OF FAMILY ALLOWANCE TO YOUR WIFE NO LONGER WAS AUTHORIZED. SUCH FAMILY ALLOWANCE PAYMENTS OF $50 A MONTH, HOWEVER, WERE CONTINUED AND WERE MADE TO YOUR DEPENDENT FOR AUGUST AND SEPTEMBER 1950. WHILE THE PAYMENT FOR AUGUST WAS PROPER WHEN MADE, THE DEPENDENTS ASSISTANCE ACT OF 1950 DID NOT CONTEMPLATE THAT YOU AND YOUR DEPENDENT WOULD BE ENTITLED TO RETAIN THE BENEFITS OF THE PRIOR LAWS AND AT THE SAME TIME RECEIVE RETROACTIVELY THE BENEFITS OF THAT ACT.

THEREFORE, IN ORDER TO ADJUST THE MATTER, THE DEPARTMENT OF THE ARMY CHARGED AGAINST YOUR ACCOUNT FOR JULY 1950 THE FAMILY ALLOWANCE PAYMENTS MADE TO YOUR DEPENDENT FOR AUGUST AND SEPTEMBER 1950. THIS ADJUSTMENT WAS MADE ON YOUR PERMANENT PAY RECORD, WHICH APPARENTLY BECAME MISPLACED DURING YOUR TRANSFER TO AN OVERSEAS STATION, AND WHICH APPARENTLY WAS NOT AVAILABLE WHEN YOU WERE DISCHARGED. AS A RESULT, THE OVERPAYMENT OF $105.46 WAS NOT COLLECTED WHILE YOU WERE IN THE SERVICE OR DEDUCTED FROM YOUR FINAL PAY. IT IS WELL ESTABLISHED THAT ERRONEOUS PAYMENTS MADE TO YOUR DEPENDENT ARE SUBJECT TO COLLECTION FROM HER PERSONALLY. SINCE THE FAMILY ALLOWANCE PAYMENTS IN QUESTION WERE MADE ON YOUR ACCOUNT FOR THE BENEFIT OF YOUR DEPENDENT, AND SINCE YOU RECEIVED THE BENEFITS OF THE DEPENDENTS ASSISTANCE ACT CONCURRENTLY FOR THE MONTHS OF AUGUST AND SEPTEMBER 1950, WE ASSUME THAT YOU WILL HAVE NO OBJECTION TO APPLYING THE AMOUNT FOUND TO BE DUE YOU IN OUR SETTLEMENT OF NOVEMBER 3, 1954, IN PARTIAL LIQUIDATION OF THE INDEBTEDNESS. AFTER APPLICATION OF THE AMOUNT OF $22.44 TO SUCH INDEBTEDNESS, THERE REMAINS DUE THE GOVERNMENT THE SUM OF $83.02.