B-124023, SEP. 29, 1955

B-124023, SEP. 29, 1955

TO LIEUTENANT COLONEL M. L. JOHNSON, FC, DISBURSING OFFICER, DEPARTMENT OF THE ARMY:

THERE HAS BEEN RECEIVED FROM THE CHIEF OF FINANCE, BY FIRST ENDORSEMENT DATED MAY 17, 1955, YOUR LETTER OF APRIL 26, 1955, REQUESTING DECISION WHETHER PAYMENT MAY BE MADE ON A VOUCHER TRANSMITTED THEREWITH, IN THE AMOUNT OF $1,000, REPRESENTING REFUND OF COLLECTIONS MADE FOR THE PERIOD FROM AUGUST 31, 1954, THROUGH MARCH 31, 1955, FROM THE RETIRED PAY OF CAPTAIN JOHN W. MCLEOD, 0 493 492, TOTALLING $200, AND FIRST LIEUTENANT RAY H. DUNCAN, 0 157 438, TOTALLING $800.

IT APPEARS FROM YOUR LETTER THAT CAPTAIN MCLEOD WAS OVERPAID RETIRED PAY IN THE AMOUNT OF $7,097.22 FOR THE PERIOD FROM DECEMBER 3, 1945, THROUGH SEPTEMBER 3, 1948; THAT HE WAS ORIGINALLY RETIRED AS AN ENLISTED MAN BUT, BECAUSE OF THE RETROACTIVE EFFECT OF 26 COMP. GEN. 767; RECOMPUTATION OF HIS RETIRED PAY RETROACTIVELY TO DATE OF RETIREMENT TO INCLUDE CREDIT FOR COMMISSIONED SERVICE, CREATED AN OVERPAYMENT DUE TO HIS FEDERAL EMPLOYMENT CONTRARY TO THE PROVISIONS OF SECTION 212 OF THE ACT OF JUNE 30, 1932, 47 STAT. 405, AS AMENDED, 5 U.S.C. 59A. IT APPEARS THAT HE AUTHORIZED COLLECTION OF THE OVERPAYMENT FROM HIS RETIRED PAY AT THE RATE OF $25 A MONTH. ON THE SAME BASIS, LIEUTENANT DUNCAN WAS OVERPAID RETIRED PAY IN THE AMOUNT OF $5,190.33, FOR THE PERIODS FROM MAY 22, 1945, THROUGH SEPTEMBER 19, 1945, FROM JULY 15, 1946, THROUGH APRIL 8, 1948, AND FROM JULY 12, 1948, THROUGH OCTOBER 15, 1948. HE AUTHORIZED COLLECTION OF THE OVERPAYMENT FROM HIS RETIRED PAY AT THE RATE OF $100 A MONTH. YOU STATE THAT THESE CASES HAD NOT BEEN REPORTED HERE FOR COLLECTION BECAUSE THE INDIVIDUALS HAD AUTHORIZED MONTHLY COLLECTIONS FROM THEIR RETIRED PAY.

THE ACT OF AUGUST 28, 1954, 68 STAT. 890, PROVIDES:

"THAT THE UNITED STATES HEREBY WAIVES ALL CLAIMS AGAINST ANY PERSON ARISING OUT OF THE RECEIPT BY SUCH PERSON OF COMPENSATION FROM THE UNITED STATES INCLUDING GOVERNMENT OWNED OR CONTROLLED CORPORATIONS OR FROM THE GOVERNMENT OF THE DISTRICT OF COLUMBIA IN VIOLATION OF ANY PROVISION OF LAW PROHIBITING OR RESTRICTING THE RECEIPT OF DUAL COMPENSATION, WHICH HAS NOT BEEN REPORTED TO THE GENERAL ACCOUNTING OFFICE FOR COLLECTION WITHIN SIX YEARS FROM THE LAST DATE OF ANY PERIOD OF DUAL COMPENSATION.'

IN VIEW OF THE FACT THAT THESE CASES HAD NOT BEEN REPORTED TO THE GENERAL ACCOUNTING OFFICE FOR COLLECTION WITHIN SIX YEARS FROM THE LAST DATE OF ANY PERIOD OF DUAL COMPENSATION, THE CITED ACT OF AUGUST 28, 1954, WAIVES CLAIMS AGAINST THE PARTICULAR OFFICERS. THEREFORE, THE COLLECTIONS EFFECTED SUBSEQUENT TO AUGUST 27, 1954, WERE NOT PROPER AND REFUND THEREOF IS AUTHORIZED.

THE VOUCHER SUBMITTED BY YOU IS RETURNED HEREWITH FOR PAYMENT, IF OTHERWISE CORRECT.