B-124223, JUN. 21, 1955

B-124223: Jun 21, 1955

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DAY REFERENCE IS MADE TO YOUR LETTER OF MARCH 14. FOR WHICH YOU WERE RESPONSIBLE. WHICH WAS LOST WHILE YOU WERE IN THE UNITED STATES ARMY. YOU NOW CONTEND THAT YOU WERE NOT RESPONSIBLE FOR THE LOSS AND REQUEST THAT THE MATTER BE REVIEWED. THE INDEBTEDNESS WAS CERTIFIED TO THIS OFFICE BY THE OFFICE OF THE CHIEF OF FINANCE. - AS HAVING BEEN BASED ON DETERMINATIONS MADE UNDER THE AUTHORITY OF THE SECRETARY OF THE ARMY THAT YOU WERE INDEBTED TO THE GOVERNMENT FOR THOSE AMOUNTS FOR THE REASON ABOVE INDICATED. SUCH ACTION WAS TAKEN BY THE DEPARTMENT IN ACCORDANCE WITH SECTIONS 1 AND 2 OF THE ACT OF MARCH 29. THE ACTION OF THE DEPARTMENT OF THE ARMY IN THE MATTER IS. WE HAVE NO ALTERNATIVE BUT TO ACCEPT THE DETERMINATION BY THE DEPARTMENT IN THE MATTER.

B-124223, JUN. 21, 1955

TO MR. ROY S. DAY

REFERENCE IS MADE TO YOUR LETTER OF MARCH 14, 1955, RELATIVE TO THE CLAIM OF THE UNITED STATES AGAINST YOU IN THE AMOUNT OF $405.85, REPRESENTING THE VALUE OF GOVERNMENT PROPERTY, FOR WHICH YOU WERE RESPONSIBLE, WHICH WAS LOST WHILE YOU WERE IN THE UNITED STATES ARMY.

IN RESPONSE TO GENERAL ACCOUNTING OFFICE LETTER OF MARCH 3, 1954, YOU FORWARDED BY YOUR UNDATED LETTER RECEIVED HERE MAY 24, 1954, YOUR CHECK FOR $405.85 IN PAYMENT OF THE CLAIM. HOWEVER, YOU NOW CONTEND THAT YOU WERE NOT RESPONSIBLE FOR THE LOSS AND REQUEST THAT THE MATTER BE REVIEWED.

THE INDEBTEDNESS WAS CERTIFIED TO THIS OFFICE BY THE OFFICE OF THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY--- $38.31 BY LETTER OF OCTOBER 16, 1952, AND $367.54 BY LETTER OF DECEMBER 29, 1953--- AS HAVING BEEN BASED ON DETERMINATIONS MADE UNDER THE AUTHORITY OF THE SECRETARY OF THE ARMY THAT YOU WERE INDEBTED TO THE GOVERNMENT FOR THOSE AMOUNTS FOR THE REASON ABOVE INDICATED. SUCH ACTION WAS TAKEN BY THE DEPARTMENT IN ACCORDANCE WITH SECTIONS 1 AND 2 OF THE ACT OF MARCH 29, 1894, 28 STAT. 47, AS AMENDED, 31 U.S.C. 89, 90. THE ACTION OF THE DEPARTMENT OF THE ARMY IN THE MATTER IS, IN VIEW OF THE PROVISIONS OF THE CITED STATUTE, NOT SUBJECT TO REVIEW BY THE GENERAL ACCOUNTING OFFICE. HENCE, WE HAVE NO ALTERNATIVE BUT TO ACCEPT THE DETERMINATION BY THE DEPARTMENT IN THE MATTER.

ACCORDINGLY, ON THE PRESENT RECORD, THERE IS NO BASIS UPON WHICH THIS OFFICE MAY ALTER OR MODIFY THE ACTION HERETOFORE TAKEN. ANY APPEAL YOU MAY WISH TO TAKE FROM THE ADMINISTRATIVE ..END :