B-128634, AUG. 30, 1956

B-128634: Aug 30, 1956

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THE AMOUNT OF THE CHECK WAS APPLIED TO PARTIALLY LIQUIDATE THE INDEBTEDNESS OF LIEUTENANT J. WHICH AROSE BECAUSE CERTAIN CLASS E ALLOTMENT DEDUCTIONS WERE NOT MADE IN HIS PAY ACCOUNT. THAT HE WAS KILLED IN ACTION ON JUNE 6. THERE WAS CERTIFIED TO BE DUE YOU AS THE OFFICER'S WIDOW THE SUM OF $142.66. THE DEPARTMENT OF THE ARMY NOTIFIED US THAT YOUR HUSBAND WAS INDEBTED TO THE UNITED STATES BY REASON OF NONDEDUCTION OF CLASS E ALLOTMENT. THAT ALLOTMENT WAS PAID AS DIRECTED FOR THE MONTHS OF MARCH 1943 THROUGH MAY 1944. WHEN IT WAS DISCONTINUED. SHOWS THAT NO DEDUCTIONS WERE MADE FOR THAT CLASS E ALLOTMENT FOR THE MONTHS OF MARCH 1943 THROUGH APRIL 1944. WE ARE NOT UNMINDFUL OF THE SACRIFICE THAT YOUR FORMER HUSBAND MADE FOR HIS COUNTRY.

B-128634, AUG. 30, 1956

TO MRS. MARJORIE SHOEMAKER:

THERE HAS BEEN CONSIDERED YOUR LETTER DATED JULY 9, 1956, FORWARDED HERE BY LETTER DATED JULY 11, 1956, FROM THE HONORABLE LYNDON B. JOHNSON, UNITED STATES SENATE, CONCERNING THE ACTION TAKEN BY OUR CLAIMS DIVISION IN LETTER DATED OCTOBER 21, 1955, WHICH DISALLOWED YOUR CLAIM FOR THE PROCEEDS OF CHECK NO. 1,459,233, DATED MARCH 8, 1944, IN THE AMOUNT OF $7.50, DRAWN TO THE ORDER OF J. R. HARRISON OR TREASURER OF THE UNITED STATES. THE AMOUNT OF THE CHECK WAS APPLIED TO PARTIALLY LIQUIDATE THE INDEBTEDNESS OF LIEUTENANT J. R. HARRISON, YOUR FORMER HUSBAND, WHICH AROSE BECAUSE CERTAIN CLASS E ALLOTMENT DEDUCTIONS WERE NOT MADE IN HIS PAY ACCOUNT.

THE OFFICIAL RECORDS SHOW THAT LIEUTENANT HARRISON ENTERED ON ACTIVE DUTY ON FEBRUARY 17, 1943, AND THAT HE WAS KILLED IN ACTION ON JUNE 6, 1944. BY GENERAL ACCOUNTING OFFICE SETTLEMENT DATED OCTOBER 6, 1944, THERE WAS CERTIFIED TO BE DUE YOU AS THE OFFICER'S WIDOW THE SUM OF $142.66, REPRESENTING PAY AND ALLOWANCES DUE HIM AT THE DATE OF HIS DEATH. THEREAFTER, THE DEPARTMENT OF THE ARMY NOTIFIED US THAT YOUR HUSBAND WAS INDEBTED TO THE UNITED STATES BY REASON OF NONDEDUCTION OF CLASS E ALLOTMENT.

THE RECORDS FURTHER SHOW THAT LIEUTENANT HARRISON AUTHORIZED A A CLASS E ALLOTMENT IN FAVOR OF THE JEFFERSON STANDARD LIFE INSURANCE COMPANY, GREENSBORO, NORTH CAROLINA, IN THE AMOUNT OF $8.45 PER MONTH FOR AN INDEFINITE PERIOD, EFFECTIVE MARCH 1, 1943. THAT ALLOTMENT WAS PAID AS DIRECTED FOR THE MONTHS OF MARCH 1943 THROUGH MAY 1944, WHEN IT WAS DISCONTINUED. HOWEVER, AN EXAMINATION OF LIEUTENANT HARRISON'S PAY ACCOUNTS FOR THE PERIOD FEBRUARY 17, 1943, TO JUNE 6, 1944, SHOWS THAT NO DEDUCTIONS WERE MADE FOR THAT CLASS E ALLOTMENT FOR THE MONTHS OF MARCH 1943 THROUGH APRIL 1944. THUS AN OVERPAYMENT IN HIS ACCOUNT IN THE AMOUNT OF $118.30 RESULTED.

WE ARE NOT UNMINDFUL OF THE SACRIFICE THAT YOUR FORMER HUSBAND MADE FOR HIS COUNTRY, BUT THE LAW DOES NOT PERMIT PAYMENT OF AMOUNTS DUE THE ESTATE OF DECEASED SERVICE PERSONNEL WITHOUT TAKING INTO CONSIDERATION OVERPAYMENTS ALREADY MADE. THE GENERAL ACCOUNTING OFFICE IS REQUIRED BY LAW TO SETTLE CLAIMS AND DEMANDS BY THE GOVERNMENT (31 U.S.C. 31), AND THAT AUTHORITY INCLUDES THE DUTY OF EFFECTING THE COLLECTION OF DEBTS DUE THE GOVERNMENT. WHILE IT IS UNFORTUNATE THAT PROPER DEDUCTIONS WERE NOT MADE CURRENTLY FROM LIEUTENANT HARRISON'S PAY ACCOUNT, THE FAILURE TO MAKE SUCH DEDUCTIONS CONSTITUTED AN OVERPAYMENT TO HIM.

THE ACTION TAKEN IN CLAIMS DIVISION LETTER OF OCTOBER 21, 1955, WAS CORRECT AND IS SUSTAINED.