B-131696, JUN. 24, 1957

B-131696, JUN. 24, 1957

TO MAJOR NORMAN I. RADIN, USAF:

REFERENCE IS MADE TO YOUR LETTER OF MAY 2, 1957, TRANSMITTING AFFIDAVITS BY CAPTAIN ROBERT E. JOHNSON AND CAPTAIN ROBERT A. MALONEY, RELATING TO THE MATTER OF THE CLAIM OF THE UNITED STATES AGAINST YOU ARISING OUT OF AN APPARENT DUPLICATE PAYMENT.

WITH LETTER DATED APRIL 23, 1957, THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, TRANSMITTED HERE AN INQUIRY DATED DECEMBER 26, 1956, FROM HONORABLE PETER W. RODINO, JR., TOGETHER WITH A COPY OF YOUR LETTER OF DECEMBER 17, 1956, TO MR. RODINO, IN WHICH YOU STATED THAT WHILE PILOTING A B-17 ON A COMBAT MISSION OUT OF ENGLAND, YOU WERE SHOT DOWN OVER GERMANY BUT MANAGED TO LAND IN SWITZERLAND WHERE YOU WERE INTERNED, AND THAT YOU SUBSEQUENTLY ESCAPED TO ENGLAND. YOU STATED FURTHER THAT DURING YOUR INTERNMENT THE SWISS AUTHORITIES PLACED RESTRICTIONS ON THE AMOUNT OF MONEY WHICH INTERNEES COULD DRAW FROM THEIR REGULAR PAY, AND THAT AS A RESULT THE AMERICAN FINANCE OFFICER AT THE AMERICAN LEGATION AT BERN, SWITZERLAND, ESTABLISHED A PROCEDURE REQUIRING INTERNED PERSONNEL TO SIGN PAY VOUCHERS INDICATING THE RECEIPT OF PAY BUT NOT ACTUALLY DRAWING ANY MONEY, THE MONEY SO WITHHELD TO BE PLACED IN A SPECIAL FUND TO BE DISTRIBUTED TO INTERNEES ON ,LIBERATION DAY.'

IN SUPPORT OF YOUR POSITION IN THIS MATTER COLONEL ALFRED R. W. DEJONGE ADVISED THE FINANCE CENTER, U.S. ARMY, IN A LETTER DATED JANUARY 28, 1957, IN PART, AS FOLLOWS:

"5. I AM ABLE TO SAY DEFINITELY THAT INTERNEES WERE NOT PERMITTED TO DRAW THEIR FULL PAY. I CONDUCTED THE INITIAL NEGOTIATIONS WITH THE SWISS GENERAL STAFF REGARDING THE INTERNMENT OF OUR MEN AND BELIEVE 10 PERCENT OF THE PAY WAS THE FIGURE ULTIMATELY ARRIVED AT IN THE FINAL ARRANGEMENTS MADE BY GENERAL LEGGE.'

THE AFFIDAVITS BY CAPTAIN JOHNSON AND CAPTAIN MALONEY, PREVIOUSLY REFERRED TO, ARE TO THE EFFECT THAT THEY WERE INTERNED IN SWITZERLAND DURING CERTAIN INDICATED PERIODS, INCLUDING THE PERIOD MAY 1 TO AUGUST 31, 1944, AND THAT THERE WAS IN EFFECT A PROCEDURE UNDER WHICH INTERNEES DID NOT RECEIVE THEIR FULL PAY, THE UNPAID AMOUNTS TO BE HELD IN A SPECIAL FUND.

THE FACTS RELATING TO THE DUPLICATE PAYMENT ARE AS FOLLOWS: VOUCHER

NO. 2139 IN THE JUNE 1944 ACCOUNTS OF COLONEL DEJONGE SHOWS PAYMENT TO YOU OF THE NET AMOUNT OF $549.80, COVERING PAY AND ALLOWANCES FOR THE PERIOD MAY 1 TO JUNE 30, 1944. VOUCHER NO. 435 IN THE JULY 1944 ACCOUNTS OF COLONEL DEJONGE SHOWS PAYMENT TO YOU OF THE NET AMOUNT OF $236.95, COVERING PAY AND ALLOWANCES FOR THE MONTH OF JULY 1944. ON BOTH OF THESE VOUCHERS SHOW THAT PAYMENT WAS MADE IN CASH. ON VOUCHER NO. 4666 IN THE SEPTEMBER 1944 ACCOUNTS OF CAPTAIN A. CARLSON, YOU WERE PAID THE NET AMOUNT OF $540.10, COVERING PAY AND ALLOWANCES CLAIMED BY YOU FOR THE PERIOD MAY 1 THROUGH AUGUST 31, 1944.

IN AN EFFORT TO OBTAIN ANY INFORMATION WHICH MAY BE SHOWN BY AVAILABLE RECORDS REGARDING YOUR STATEMENTS, WE CAUSED AN EXAMINATION TO BE MADE ON THE ACCOUNTS OF COLONEL DEJONGE, WHO DISBURSED AT BERN, SWITZERLAND, THROUGH JANUARY 23, 1945, AND OF THE ACCOUNTS OF LIEUTENANT L. W. FOUSHEE- -- HIS SUCCESSOR--- WHO BEGAN DISBURSING ON THAT DAY. IT WAS FOUND THAT THE AMOUNTS OF $549.80 AND $236.95, PAID ON VOUCHER NOS. 2139 AND 435, RESPECTIVELY, WERE INCLUDED IN THE DISBURSING OFFICER'S CASH ACCOUNT PAYMENTS, AND NO DOCUMENTS WERE FOUND WHICH WOULD INDICATE THAT THESE AMOUNTS WERE LATER TAKEN UP AND TRANSFERRED, OR AGAIN DISBURSED. THE ACCOUNTS CURRENT OF COLONEL DEJONGE FOR THE PERIOD MAY 1, 1944, THROUGH JANUARY 23, 1945, SHOW NO TRANSFER TO OTHERS EXCEPT THE TRANSFER OF HIS BALANCE TO HIS SUCCESSOR, AND NO DEPOSIT INTO THE TREASURY OTHER THAN CONTRIBUTIONS TO THE CIVIL SERVICE RETIREMENT AND DISABILITY FUND.

THE RECORDS DO NOT SUPPORT A CONCLUSION THAT YOU DID NOT RECEIVE THE AMOUNT SHOWN TO HAVE BEEN PAID TO YOU IN CASH ON THE TWO VOUCHERS PREPARED IN SWITZERLAND. WHILE YOUR STATEMENTS MAY ACCURATELY REFLECT THE PROCEDURE THEN USUALLY FOLLOWED THE OFFICIAL DOCUMENTS CLEARLY INDICATE THAT SUCH PROCEDURE WAS NOT FOLLOWED IN YOUR CASE. ACCORDINGLY, WE FIND NO BASIS TO MODIFY THE AUDIT ACTION TAKEN IN THIS CASE.

IT MAY BE MENTIONED FOR YOUR INFORMATION THAT OUR ARMY AUDIT BRANCH AT INDIANAPOLIS, INDIANA, REPORTS THAT AN EXAMINATION OF THE ACCOUNTS OF CAPTAIN CARLSON DISCLOSED THAT PAYMENTS TO SEVERAL OFFICERS, OTHER THAN YOURSELF, WERE SUSPENDED BY OUR OFFICE BECAUSE PAYMENT FOR THE SAME PERIOD HAD PREVIOUSLY BEEN MADE BY COLONEL DEJONGE. THE RECORDS INDICATE THAT COLLECTION WAS EFFECTED IN EACH INSTANCE AND THAT NONE OF THE OFFICERS INVOLVED CLAIMED THAT ANY PORTION OF THE MONEY HAD BEEN SIGNED FOR BUT NOT RECEIVED.