B-126217, FEB. 15, 1956

B-126217: Feb 15, 1956

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WEBSTER: REFERENCE IS MADE TO YOUR FIRST INDORSEMENT DATED SEPTEMBER 19. YOU SAY YOU AGREED TO PAY THE INDEBTEDNESS IF YOU WERE GIVEN CREDIT IN THE SUM OF $600. THE UNEXECUTED PORTION OF WHICH SENTENCE WAS SUBSEQUENTLY REMITTED. YOUR CLAIM FOR REFUND OF THE AMOUNT OF THE FORFEITURE WAS DISALLOWED BY SETTLEMENT DATED NOVEMBER 14. YOU WERE. THE SENTENCE WAS ADJUDGED NOVEMBER 16. THE UNEXECUTED PORTION OF THE SENTENCE ADJUDGED AGAINST YOU WAS REMITTED. ARE SELF- EXECUTING. THAT IS. THE AMOUNT FORFEITED UNDER THE TERMS OF THE SENTENCE IS. COLLECTED AS IT ACCRUES PROVIDING THERE IS SUFFICIENT PAY OTHERWISE AVAILABLE FOR APPLICATION TO THE SENTENCE. AS YOU WERE ADVISED IN THE SETTLEMENT OF NOVEMBER 14.

B-126217, FEB. 15, 1956

TO MR. BRADFORD L. WEBSTER:

REFERENCE IS MADE TO YOUR FIRST INDORSEMENT DATED SEPTEMBER 19, 1955, TO LETTER DATED SEPTEMBER 13, 1955, FROM OUR CLAIMS DIVISION TO YOU CONCERNING YOUR INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $1,200.50, REPRESENTING THE BALANCE DUE ON A DUPLICATE PAYMENT TO YOU FOR OCTOBER 1945 IN THE SUM OF $98.40 AND ON ACCOUNT OF ERRONEOUS PAYMENTS OF RENTAL AND SUBSISTENCE ALLOWANCES FROM SEPTEMBER 1, 1948, TO JUNE 30, 1949, IN THE SUM OF $1,112.10, INCIDENT TO YOUR SERVICE IN THE ARMY OF THE UNITED STATES.

IN THE INDORSEMENT OF SEPTEMBER 19, 1955, YOU SAY YOU AGREED TO PAY THE INDEBTEDNESS IF YOU WERE GIVEN CREDIT IN THE SUM OF $600, THE AMOUNT OF A FORFEITURE IMPOSED AGAINST YOU BY A COURT-MARTIAL SENTENCE, THE UNEXECUTED PORTION OF WHICH SENTENCE WAS SUBSEQUENTLY REMITTED. YOUR CLAIM FOR REFUND OF THE AMOUNT OF THE FORFEITURE WAS DISALLOWED BY SETTLEMENT DATED NOVEMBER 14, 1950, OF OUR CLAIMS DIVISION.

AS PUBLISHED IN GENERAL COURT-MARTIAL ORDERS NO. 35, DATED DECEMBER 2, 1948, HEADQUARTERS, UNITED STATES ARMY, ALASKA, YOU WERE, ON NOVEMBER 8, 1948, TRIED BEFORE A GENERAL COURT-MARTIAL WHICH CONVENED AT FORT RICHARDSON, ALASKA, FOR VIOLATION OF THE 96TH ARTICLE OF WAR, FOUND GUILTY AS CHARGED, AND SENTENCED TO FORFEIT $100 A MONTH FOR SIX MONTHS. THE SENTENCE WAS ADJUDGED NOVEMBER 16, 1948, AND APPROVED AND ORDERED EXECUTED DECEMBER 2, 1948. BY GENERAL COURT-MARTIAL ORDERS NO. 16 DATED NOVEMBER 10, 1949, HEADQUARTERS, FORT LEWIS, WASHINGTON, THE UNEXECUTED PORTION OF THE SENTENCE ADJUDGED AGAINST YOU WAS REMITTED.

IT LONG HAS BEEN THE RULE OF THE ACCOUNTING OFFICERS THAT FORFEITURES OF PAY TO ACCRUE IN THE FUTURE, IMPOSED BY COURT-MARTIAL SENTENCE, ARE SELF- EXECUTING; THAT IS, THE AMOUNT FORFEITED UNDER THE TERMS OF THE SENTENCE IS, IN CONTEMPLATION OF LAW, COLLECTED AS IT ACCRUES PROVIDING THERE IS SUFFICIENT PAY OTHERWISE AVAILABLE FOR APPLICATION TO THE SENTENCE. COMP. GEN. 291. AS YOU WERE ADVISED IN THE SETTLEMENT OF NOVEMBER 14, 1950, HAD THE DEDUCTIONS OF $100 PER MONTH BEEN PROPERLY MADE FROM DECEMBER 2, 1948, THE DATE OF THE APPROVAL OF THE COURT-MARTIAL SENTENCE, THE SENTENCE WOULD HAVE BEEN EXECUTED IN MAY 1949 AND, HENCE, THE SUM OF $600 WAS FORFEITED. SINCE THE COURT-MARTIAL ORDER OF NOVEMBER 10, 1949, PROVIDING FOR REMISSION OF THE UNEXECUTED PORTION OF THE SENTENCE ONLY OPERATED PROSPECTIVELY, IT DID NOT AND COULD NOT RESTORE TO YOU THE EXECUTED FORFEITURE OF PAY PRIOR TO THAT DATE. 23 COMP. DEC. 340, 344. THEREFORE, THERE IS NO LEGAL BASIS FOR APPLICATION OF SUCH SUM OF $600 IN PARTIAL LIQUIDATION OF YOUR INDEBTEDNESS.

ACCORDINGLY, UNLESS YOU MAKE SATISFACTORY ARRANGEMENTS WITHIN 30 DAYS FROM THE DATE OF THIS DECISION FOR THE PAYMENT OF THE BALANCE OF YOUR INDEBTEDNESS OF $1,200.50 TO THE UNITED STATES, WE WILL TAKE SUCH FURTHER STEPS AS MAY BE NECESSARY IN ORDER TO PROTECT THE INTERESTS OF THE UNITED STATES IN THE MATTER.