B-124397, NOV. 17, 1955

B-124397: Nov 17, 1955

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PATTEN: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 9. IN WHICH REQUEST WAS MADE THAT YOU REFUND THE SUM OF $193.32. WAS SHOWN AS THE AMOUNT OF THE OVERPAYMENT OF PAY AND ALLOWANCES MADE TO YOU FOR THE MONTH OF SEPTEMBER 1942. WHILE YOU WERE SERVING AS AN OFFICER IN THE ARMY OF THE UNITED STATES. THE VARIOUS PAPERS IN THE FILE PERTAINING TO YOUR CASE WHICH WERE AVAILABLE WHEN THE LETTER OF JUNE 1. WAS WRITTEN HAVE BEEN CAREFULLY REEXAMINED AND OTHER PERTINENT RECORDS AND INFORMATION HAVE BEEN OBTAINED. THIS VOUCHER WAS CERTIFIED BY YOU IN ITEM 16 AS BEING CORRECT AND CONTAINED THE INSTRUCTIONS THAT THE AMOUNT PAYABLE WAS TO BE PLACED TO YOUR CREDIT WITH THE SOUTHERN ARIZONA BANK. THE VOUCHER IS VOUCHER NO. 19663 IN THE SEPTEMBER 1942 ACCOUNTS OF H.

B-124397, NOV. 17, 1955

TO HONORABLE HAROLD A. PATTEN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 9, 1955, REPLYING TO OUR LETTER OF JUNE 1, 1955, IN WHICH REQUEST WAS MADE THAT YOU REFUND THE SUM OF $193.32, WHICH, ON THE BASIS OF THE RECORDS THEN AVAILABLE, WAS SHOWN AS THE AMOUNT OF THE OVERPAYMENT OF PAY AND ALLOWANCES MADE TO YOU FOR THE MONTH OF SEPTEMBER 1942, WHILE YOU WERE SERVING AS AN OFFICER IN THE ARMY OF THE UNITED STATES.

THE VARIOUS PAPERS IN THE FILE PERTAINING TO YOUR CASE WHICH WERE AVAILABLE WHEN THE LETTER OF JUNE 1, 1955, WAS WRITTEN HAVE BEEN CAREFULLY REEXAMINED AND OTHER PERTINENT RECORDS AND INFORMATION HAVE BEEN OBTAINED. THOSE RECORDS SHOW THAT SOMETIME BETWEEN YOUR ARRIVAL AT FORT DIX, NEW JERSEY, ON SEPTEMBER 21, 1942, AND YOUR DEPARTURE ON SEPTEMBER 26, 1942, YOU SUBMITTED A PAY VOUCHER FOR YOUR SEPTEMBER 1942 PAY AND ALLOWANCE. THIS VOUCHER WAS CERTIFIED BY YOU IN ITEM 16 AS BEING CORRECT AND CONTAINED THE INSTRUCTIONS THAT THE AMOUNT PAYABLE WAS TO BE PLACED TO YOUR CREDIT WITH THE SOUTHERN ARIZONA BANK, TUCSON, ARIZONA. THE VOUCHER IS VOUCHER NO. 19663 IN THE SEPTEMBER 1942 ACCOUNTS OF H. E. HEINEKE, THE DISBURSING OFFICER AT FORT DIX, NEW JERSEY, AND YOUR ACCOUNT FOR THAT MONTH AS SHOWN ON THE VOUCHER IS AS FOLLOWS:

CHART

CREDITS

BASE AND LONGEVITY PAY AS A CAPTAIN WITH OVER 12 YEARS OF SERVICE FROM SEPTEMBER 1 TO 30, 1942

$240.00

ADDITIONAL PAY FOR FLYING FROM SEPTEMBER 1 TO 30, 1942 120.00

SUBSISTENCE ALLOWANCE FROM SEPTEMBER 1 TO 30, 1942 42.00

RENTAL ALLOWANCE FROM SEPTEMBER 1 TO 30, 1942 90.00 $492.00

DEBITS

CLASS "E" ALLOTMENT 273.85

CLASS "N" NATIONAL SERVICE LIFE INSURANCE 7.50 281.35

NET BALANCE $210.65

IN ACCORDANCE WITH YOUR INSTRUCTIONS AS THEY APPEARED ON THAT VOUCHER, UNITED STATES TREASURY CHECK NO. 112071 FOR $210.65, DATED SEPTEMBER 30, 1942, DRAWN BY H. E. HEINEKE, WAS MAILED TO THE SOUTHERN ARIZONA BANK AT TUCSON, ARIZONA, AND IN DUE COURSE WAS NEGOTIATED AND PAID BY THE TREASURER OF THE UNITED STATES. ARMY REGULATIONS NO. 35 1360, JUNE 2, 1942, IN EFFECT DURING THE PERIOD INVOLVED, PROVIDED THAT COMMISSIONED OFFICERS "MAY INDORSE THEIR PAY ACCOUNTS FOR PAYMENT, WHEN DUE, TO ANY PERSON OR INSTITUTION DESIGNATED BY THEM," AND HENCE, THERE IS NO MERIT IN YOUR CONTENTION THAT THE REGULATIONS REQUIRED THAT ANY AMOUNT OVER THE BASIC CLASS E AND N ALLOTMENTS HAD TO BE PAID TO THE OFFICER IN CASH. A LETTER DATED FEBRUARY 13, 1953, FROM THE SOUTHERN ARIZONA BANK AND TRUST COMPANY, TUCSON, ARIZONA, IT IS REPORTED THAT THEIR RECORDS SHOW THAT ON OCTOBER 10, 1942, A DEPOSIT WAS MADE AT THAT BANK FOR $210.65 "ON THE ACCOUNT OF CAPTAIN PATTEN.' AS THE FULL AMOUNT OF THE CHECK WAS DEPOSITED TO YOUR ACCOUNT, NO ENDORSEMENT WAS REQUIRED. ALTHOUGH YOU STATED IN YOUR LETTER OF JUNE 9, 1955, THAT YOU DID NOT HAVE AN ACCOUNT IN THE SOUTHERN ARIZONA BANK, IT IS NOTED THAT IN YOUR LETTER OF JUNE 22, 1953, TO THE AIR FORCE FINANCE CENTER, YOU STATED THAT A CHECK TO THE SOUTHERN ARIZONA BANK FOR $210.65, DATED SEPTEMBER 30, 2,"HAS NEVER BEEN IN QUESTION," ALLEGING, HOWEVER, THAT THE AMOUNT WAS PAID TO YOUR WIFE AS THE MAXIMUM ALLOWANCE PAYABLE UNDER WAR CONDITIONS. IN THAT CONNECTION YOUR ATTENTION IS CALLED TO THE FACT THAT ALL OF THE NINE VOUCHERS COVERING YOUR PAY AND ALLOWANCES FOR THE PERIOD FROM DECEMBER 1, 1941, TO AUGUST 31, 1942, SHOW THAT YOU DIRECTED THAT THE NET BALANCES DUE YOU--- AFTER PAYMENT OF AUTHORIZED ALLOTMENTS--- FOR THOSE MONTHS BE PLACED TO YOUR CREDIT WITH THE SOUTHERN ARIZONA BANK, TUCSON, ARIZONA. IN OTHER WORDS, THE NET BALANCES SENT TO THE SOUTHERN ARIZONA BANK WERE IN ADDITION TO ALLOTMENTS PAID TO YOUR WIFE. AS TO THOSE ALLOTMENTS THE RECORDS SHOW THAT EFFECTIVE JUNE 30, 1942, YOU DISCONTINUED AN ALLOTMENT OF $205 A MONTH IN FAVOR OF THE SOUTHERN ARIZONA BANK AND TRUST COMPANY, FOR DEPOSIT TO THE CREDIT OF MRS. MARY M. PATTEN BUT THAT BY WD AGO FORM NO. 29, DATED JUNE 25, 1942, YOU AUTHORIZED A CLASS E ALLOTMENT OF PAY IN THE AMOUNT OF $269 A MONTH FOR AN INDEFINITE PERIOD, COMMENCING JULY 1, 1942, TO MRS. MARY M. PATTEN, 1717 EAST WATER STREET, TUCSON, ARIZONA. THAT ALLOTMENT WAS PAID THROUGH NOVEMBER 1945. THUS, IT APPEARS THAT IN SEPTEMBER AND OCTOBER 1942 YOUR WIFE'S ALLOTMENT WAS NOT BEING PAID TO THE BANK. DURING THAT PERIOD YOU ALSO HAD IN EFFECT A CLASS E ALLOTMENT OF $4.85 A MONTH TO THE AETNA LIFE INSURANCE COMPANY, BALTIMORE, MARYLAND. THE TOTAL OF THE TWO ALLOTMENTS IS $273.85, WHICH IS THE AMOUNT OF THE CLASS E ALLOTMENT SHOWN ON VOUCHER NO. 19663.

YOU STATED IN YOUR LETTER OF JUNE 9, 1955, THAT FOR TEN YEARS THE GOVERNMENT HAS CONTENDED THAT YOU WERE PAID AN EXTRA AMOUNT AT FORT DIX, NEW JERSEY, SOME FIVE DAYS AFTER YOU HAD SAILED FOR EUROPE ABOARD THE QUEEN MARY. THAT STATEMENT INDICATES THAT YOU HAVE IN MIND A CASH PAYMENT ALTHOUGH YOU DO NOT SPECIFICALLY REFER TO IT AS SUCH. AS INDICATED ABOVE AND IN SEVERAL PREVIOUS LETTERS TO YOU, THE PAYMENT IN QUESTION WAS NOT MADE IN CASH. IT WAS MADE BY CHECK SENT TO THE SOUTHERN ARIZONA BANK AND CREDITED TO YOUR ACCOUNT. YOUR LETTER OF JUNE 9, 1955, ALSO CONTAINS THE STATEMENT THAT A JUMBLED PHOTO COPY OF THE VOUCHER--- EVIDENTLY VOUCHER NO. 19663--- WAS SENT TO YOU TO TRY TO ESTABLISH THE PAYMENT, BUT THAT THE SIGNATURES WERE IMPROPER AND OF COURSE THE FACT THAT YOU WERE OUT OF THE COUNTRY AT THE TIME MADE THAT CLAIM LOOK VERY RIDICULOUS. AS NO CASH PAYMENT WAS INVOLVED ON THE VOUCHER PAID AT FORT DIX, THE FACT THAT YOU HAD LEFT FORT DIX WHEN THE PAYMENT WAS MADE IS IMMATERIAL.

AS TO YOUR ALLEGATION THAT THE SIGNATURE ON VOUCHER NO. 19663, SEPTEMBER 1942 ACCOUNTS OF N. E. HEINEKE, WAS IMPROPER, THERE WERE SUBMITTED TO THE EXAMINER OF QUESTIONED DOCUMENTS, TREASURY DEPARTMENT, AS QUESTIONED SIGNATURES, THE SIGNATURES OF "HAROLD A. PATTEN," ON THAT VOUCHER AND ON PAPERS ATTACHED TO THE VOUCHER AS FOLLOWS; COPY OF SPECIAL ORDERS NO. 139, DATED AUGUST 9, 1940; COPY OF SPECIAL ORDERS NO. 93, DATED APRIL 19, 1941; FLIGHT CERTIFICATE AND SCHEDULE, DATED SEPTEMBER 30, 1942; AND COPY OF STATEMENT OF SERVICE FOR LONGEVITY PAY, DATED JUNE 23, 1941. THERE WERE ALSO TRANSMITTED TO THAT OFFICIAL, AS BEARING STANDARD SIGNATURES, YOUR LETTER DATED JUNE 9, 1955, AND VOUCHER NO. 10092, NOVEMBER 1942 ACCOUNTS OF A. H. MILLER. THE REPORT OF THE EXAMINER OF QUESTIONED DOCUMENTS IS AS FOLLOWS:

"IN MY OPINION THE AUTHOR OF THE STANDARD SIGNATURES IS THE AUTHOR OF THE QUESTIONED SIGNATURES. THERE IS A CLOSE AGREEMENT IN DETAIL BETWEEN THE TWO SETS OF SIGNATURES. IT IS AN UNUSUAL CIRCUMSTANCE THAT ALL OF THE QUESTIONED SIGNATURES SHOW A BACKHAND TO VERTICAL SLANT, WHEREAS TWO OF THE STANDARDS SHOW A FOREHAND SLANT WITH ONLY ONE SHOWING A BACKHAND. THIS CHANGE IN SLANT COULD BE THE CAUSE OF OTHER MINOR DIFFERENCES FROM A FOREHAND SIGNATURE, BUT THERE IS NOTHING ABOUT THE QUESTIONED SIGNATURES TO SUGGEST THAT THEY REPRESENT THE WRITING HABIT OF SOME PERSON OTHER THAN HAROLD A. PATTEN, OR AN ATTEMPT TO SIMULATE THE APPEARANCE OF HIS SIGNATURE.'

AFTER YOUR ARRIVAL IN THE UNITED KINGDOM, YOU AGAIN SUBMITTED A VOUCHER FOR YOUR SEPTEMBER 1942 PAY AND ALLOWANCES AND RECEIVED PAYMENT IN CASH ON NOVEMBER 18, 1942, ON VOUCHER NO. 10092, ACCOUNTS OF A. H. MILLER, THE PAYMENT BEING ACKNOWLEDGED BY YOU IN ITEM 18 OF THE VOUCHER. A STATEMENT OF YOUR ACCOUNT FOR SEPTEMBER 1942 AS SHOWN ON THAT VOUCHER IS AS FOLLOWS:

CHART

CREDITS

BASE AND LONGEVITY PAY AS A CAPTAIN WITH OVER 12 YEARS OF SERVICE FROM SEPTEMBER 1 TO 30, 1942, AND FOREIGN SERVICE PAY FROM SEPTEMBER 27 TO 30, 1942 $242.67

ADDITIONAL PAY FOR FLYING FROM SEPTEMBER 1 TO 26, 1942 $104.00

SUBSISTENCE ALLOWANCE FROM SEPTEMBER 1 TO 30, 1942 $ 42.00

RENTAL ALLOWANCE FROM SEPTEMBER 1 TO 30, 1942 $ 90.00 $478.67

DEBITS

CLASS "E" ALLOTMENT $273.85

CLASS "N" NATIONAL SERVICE LIFE INSURANCE $ 7.50 $281.35

PAID IN CASH $197.32

IT APPEARS THAT THE SUM OF $197.32 WAS THE CORRECT AMOUNT DUE YOU FOR THE MONTH OF SEPTEMBER 1942 AS YOU WERE ENTITLED TO FOREIGN SERVICE PAY BEGINNING WITH SEPTEMBER 27, 1942, BUT WERE NOT ENTITLED TO FLYING PAY AFTER SEPTEMBER 26, 1942. YOUR FLYING PAY WAS LIMITED BY PERSONNEL ORDERS NO. 227, WAR DEPARTMENT, OFFICE OF THE CHIEF OF THE AIR CORPS, WASHINGTON, DATED SEPTEMBER 27, 1941, UNDER WHICH YOU WERE "REQUIRED TO PARTICIPATE IN REGULAR AND FREQUENT AERIAL FLIGHTS FOR A PERIOD OF ONE YEAR, EFFECTIVE FROM SEPTEMBER 27, 1941.' THUS, THE AMOUNT OF THE OVERPAYMENT TO YOU FOR THE MONTH OF SEPTEMBER 1942 WAS $210.65 AND NOT $193.32 AS STATED IN OUR LETTER OF JUNE 1, 1955.

THE POSITION TAKEN BY THE GOVERNMENT IN YOUR CASE IS BASED ON DOCUMENTARY EVIDENCE IN THE FORM OF RECORDS OF THE DEPARTMENT OF THE ARMY WHICH INDICATES THAT YOU RECEIVED AN OVERPAYMENT OF PAY AND ALLOWANCES FOR THE MONTH OF SEPTEMBER 1942 IN THE AMOUNT OF $210.65. IN THE CIRCUMSTANCES YOU ARE ADVISED THAT IMMEDIATE STEPS SHOULD BE TAKEN TO MAKE COMPLETE PAYMENT OF THIS INDEBTEDNESS, OR TO SUBMIT AN ACCEPTABLE PLAN FOR ITS FINAL SETTLEMENT BY INSTALLMENTS, IN ORDER THAT FURTHER COLLECTION ACTION BY US WILL NOT BE NECESSARY.