B-128787, SEP. 4, 1956

B-128787, SEP. 4, 1956

TO LIEUTENANT COLONEL GEORGE H. CRONIN, U.S.A.F.:

WE REFER TO YOUR LETTER OF JULY 20, 1956, REQUESTING RECONSIDERATION OF THE ACTION TAKEN BY OUR CLAIMS DIVISION IN DISALLOWING YOUR CLAIM FOR REPAYMENT OF FUNDS WITHHELD FROM YOUR PAY IN THE PAST TWO YEARS.

THE RECORDS SHOW THAT YOU WERE INDEBTED TO THE UNITED STATES IN THE AMOUNT OF $15,410.37, AS A RESULT OF OVERPAYMENT OF LONGEVITY AND FLYING PAY. YOU HAD AUTHORIZED A MONTHLY DEDUCTION OF $50 PER MONTH FROM YOUR PAY AND AS OF JANUARY 1, 1955, THE AMOUNT OF YOUR INDEBTEDNESS HAD BEEN REDUCED TO $14,910.37.

PRIVATE LAW 647, 84TH CONGRESS, 2D SESSION, APPROVED MAY 18, 1956, "FOR THE RELIEF OF LIEUTENANT COLONEL GEORGE H. CRONIN, UNITED STATES AIR FORCE" PROVIDES AS FOLLOWS:

"BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT LIEUTENANT COLONEL GEORGE H. CRONIN (AIR FORCE SERVICE NUMBER AO-132251) IS HEREBY RELIEVED OF ALL LIABILITY TO REFUND TO THE UNITED STATES ANY SUMS REPRESENTING CERTAIN OVERPAYMENTS FOR LONGEVITY AND FLYING PAY MADE TO HIM DURING THE PERIOD BEGINNING AUGUST 1, 1942, AND ENDING JUNE 1, 1949. IN THE AUDIT AND SETTLEMENT OF THE ACCOUNTS OF ANY CERTIFYING OR DISBURSING OFFICER OF THE UNITED STATES, FULL CREDIT SHALL BE GIVEN FOR ANY AMOUNT FOR WHICH LIABILITY IS RELIEVED BY THIS ACT.'

IN CONSTRUING RELIEF BILLS OF THIS NATURE IT IS CUSTOMARY TO LOOKFOR EXPRESS LANGUAGE AUTHORIZING NOT ONLY RELIEF FROM UNPAID BALANCES BUT ALSO REPAYMENT OF ANY AMOUNTS REFUNDED BY THE ONE GRANTED RELIEF. CONSEQUENTLY, IN THE ABSENCE OF AN EXPRESS PROVISION IN PRIVATE LAW 647 AUTHORIZING THE REFUND TO YOU OF THE PAYMENTS MADE TO LIQUIDATE YOUR INDEBTEDNESS TO THE UNITED STATES, OUR OFFICE IS WITHOUT AUTHORITY TO ACT FAVORABLY ON YOUR CLAIM.