B-129051, SEP. 17, 1956

B-129051: Sep 17, 1956

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GAINES: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 14. WHILE YOU WERE SERVING AS SECOND LIEUTENANT. YOU WERE TRANSFERRED TO BOCA RATON ARMY AIR FIELD. THOSE ORDERS WERE AMENDED BY ORDERS DATED SEPTEMBER 21. THE AMENDATORY ORDERS CONTAIN A STATEMENT THAT BECAUSE OF A CLERICAL ERROR THE ORIGINAL ORDERS DID NOT CONTAIN A PROVISION FOR PAYMENT OF PER DIEM WHILE YOU WERE ON TEMPORARY DUTY AT HARVARD UNIVERSITY. IT APPEARS THAT THE ORDERS WERE AMENDED TO SHOW THE ORIGINAL INTENT AND HENCE. IT IS CONCLUDED THAT THE PAYMENT WAS AUTHORIZED. THE DEBT CHARGE AGAINST YOU WILL BE CANCELED.

B-129051, SEP. 17, 1956

TO MR. ROBERT I. GAINES:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 14, 1956, RELATIVE TO YOUR INDEBTEDNESS TO THE UNITED STATES ARISING FROM AN APPARENT OVERPAYMENT OF PER DIEM FOR THE PERIOD APRIL 6 TO 30, 1944, WHILE YOU WERE SERVING AS SECOND LIEUTENANT, ARMY AIR CORPS.

BY ORDERS DATED APRIL 5, 1944, UPON COMPLETION OF A COURSE OF INSTRUCTION AT ARMY AIR FORCE TECHNICAL SCHOOL, YALE UNIVERSITY, NEW HAVEN, CONNECTICUT, YOU WERE TRANSFERRED TO BOCA RATON ARMY AIR FIELD, BOCA RATON, FLORIDA, WITH TEMPORARY DUTY EN ROUTE AT HARVARD UNIVERSITY, CAMBRIDGE, MASSACHUSETTS. SINCE THE ORDERS DID NOT PROVIDE FOR THE PAYMENT OF A PER DIEM ALLOWANCE FOR SUCH TEMPORARY DUTY, WE TOOK EXCEPTION TO THE PAYMENT TO YOU OF PER DIEM FOR THE PERIOD OF TEMPORARY DUTY AND RELATED TRAVEL. THOSE ORDERS WERE AMENDED BY ORDERS DATED SEPTEMBER 21, 1944, TO PROVIDE FOR PER DIEM FOR THE TRAVEL AND TEMPORARY DUTY. THE AMENDATORY ORDERS CONTAIN A STATEMENT THAT BECAUSE OF A CLERICAL ERROR THE ORIGINAL ORDERS DID NOT CONTAIN A PROVISION FOR PAYMENT OF PER DIEM WHILE YOU WERE ON TEMPORARY DUTY AT HARVARD UNIVERSITY, AND THERE HAS BEEN FURNISHED A SEPARATE ADMINISTRATIVE EXPLANATION OF HOW THE ERROR OCCURRED. BASED ON ALL THE INFORMATION NOW AVAILABLE, IT APPEARS THAT THE ORDERS WERE AMENDED TO SHOW THE ORIGINAL INTENT AND HENCE, IT IS CONCLUDED THAT THE PAYMENT WAS AUTHORIZED. ACCORDINGLY, THE DEBT CHARGE AGAINST YOU WILL BE CANCELED.