B-125525, JAN. 6, 1956

B-125525: Jan 6, 1956

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BY WHICH YOU WERE ALLOWED THE AMOUNT OF $37.50. DEDUCTIONS IN THE AMOUNT OF $18.75 A MONTH WERE ERRONEOUSLY MADE FROM HIS PAY FOR THE MONTHS OF JANUARY AND FEBRUARY 1944. YOU REQUEST AN EXPLANATION AS TO WHY YOU ARE NOT ENTITLED TO HAVE WAR BONDS ISSUED FOR THE MONTHS THE DEDUCTIONS WERE MADE. OR INTEREST WHICH WOULD HAVE ACCRUED ON THE BONDS HAD THEY BEEN ISSUED IN 1944. SINCE YOUR SON'S BOND ALLOTMENT AUTHORIZATION WAS DISCONTINUED EFFECTIVE DECEMBER 31. THE FUNDS REPRESENTING SUCH DEDUCTIONS BECAME GENERAL ASSETS OF HIS ESTATE AS UNPAID PAY AND ARE FOR DISTRIBUTION IN ACCORDANCE WITH THE ACT OF JUNE 30. SHOULD HAVE BEEN INCLUDED AS PART OF THE ARREARS OF PAY DUE AT DATE OF THE RECEIPT OF EVIDENCE OF DEATH.

B-125525, JAN. 6, 1956

TO MRS. MARGARET V. SIDDALL:

YOUR LETTER OF AUGUST 19, 1955, REQUESTS REVIEW OF SETTLEMENT RELEASED JUNE 7, 1955, BY WHICH YOU WERE ALLOWED THE AMOUNT OF $37.50, AS MOTHER OF ELMER Q. SIDDALL, DECEASED, REPRESENTING REFUND OF AMOUNTS ERRONEOUSLY DEDUCTED FROM YOUR LATE SON'S PAY FOR THE MONTHS OF JANUARY AND FEBRUARY 1944, AT THE RATE OF $18.75 A MONTH INCIDENT TO HIS MILITARY SERVICE.

THE RECORD SHOWS THAT YOUR LATE SON AUTHORIZED AN ALLOTMENT OF HIS PAY IN THE AMOUNT OF $18.75 A MONTH FOR THE PURCHASE OF WAR BONDS COMMENCING MAY 1, 1943. HE REQUESTED THAT SUCH ALLOTMENT BE DISCONTINUED EFFECTIVE DECEMBER 31, 1943. DEDUCTIONS IN THE AMOUNT OF $18.75 A MONTH WERE ERRONEOUSLY MADE FROM HIS PAY FOR THE MONTHS OF JANUARY AND FEBRUARY 1944. YOU REQUEST AN EXPLANATION AS TO WHY YOU ARE NOT ENTITLED TO HAVE WAR BONDS ISSUED FOR THE MONTHS THE DEDUCTIONS WERE MADE, OR INTEREST WHICH WOULD HAVE ACCRUED ON THE BONDS HAD THEY BEEN ISSUED IN 1944.

SINCE YOUR SON'S BOND ALLOTMENT AUTHORIZATION WAS DISCONTINUED EFFECTIVE DECEMBER 31, 1943, THE DEDUCTIONS SUBSEQUENTLY MADE FROM HIS PAY REPRESENT ERRONEOUS DEDUCTIONS RATHER THAN AMOUNTS ALLOTTED BY HIM FOR THE PURCHASE OF BONDS. UPON HIS DEATH, THE FUNDS REPRESENTING SUCH DEDUCTIONS BECAME GENERAL ASSETS OF HIS ESTATE AS UNPAID PAY AND ARE FOR DISTRIBUTION IN ACCORDANCE WITH THE ACT OF JUNE 30, 1906, AS AMENDED BY SECTION 4 OF THE ACT OF FEBRUARY 25, 1946, 60 STAT. 30, AND SHOULD HAVE BEEN INCLUDED AS PART OF THE ARREARS OF PAY DUE AT DATE OF THE RECEIPT OF EVIDENCE OF DEATH, WHICH WAS ALLOWED TO YOU BY SETTLEMENTS DATED FEBRUARY 24, 1945, AND SEPTEMBER 1, 1950.

YOU ARE ADVISED THAT IT IS WELL SETTLED THAT THE UNITED STATES IS NOT LIABLE FOR THE PAYMENT OF INTEREST ON ANY OF ITS OBLIGATIONS, EXCEPT IN THOSE CASES IN WHICH IT IS EXPRESSLY PROVIDED FOR IN THE PARTICULAR CONTRACT INVOLVED, OR WHERE ITS ALLOWANCE IS SPECIFICALLY AUTHORIZED BY STATUTE. SEE ANGARICA V. BAYARD, 127 U.S. 251; SEABOARD AIRLINE RAILWAY COMPANY V. UNITED STATES, 261 U.S. 299; RUDOLPH AXMAN V. UNITED STATES, 47 C.CLS. 538, 553; 27 COMP. GEN. 690, AND CASES THERE CITED.

ACCORDINGLY, SINCE THERE IS NO STATUTORY AUTHORITY FOR THE PAYMENT OF INTEREST TO YOU ON THE SUM OF $37.50 ERRONEOUSLY DEDUCTED FROM YOUR SON'S PAY AND NOT APPLIED TOWARD THE PURCHASE OF WAR BONDS, THE SETTLEMENT RELEASED JUNE 7, 1955, IS SUSTAINED.