B-132735, JAN. 6, 1958

B-132735: Jan 6, 1958

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ESQUIRE: REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 20. WE ADVISED YOU THAT WE WERE REQUESTING THE COMMANDANT. A COPY OF THAT REQUEST WAS ENCLOSED WITH THE LETTER OF OCTOBER 1. COPIES OF THOSE LETTERS ARE ENCLOSED. KINGSLEY THAT IT IS SATISFACTORY TO THE UNITED STATES MARINE CORPS THAT THE INDEBTEDNESS OF $1. GENERALLY UNDER ESTABLISHED PROCEDURES A DEBT SETTLEMENT IS NOT ISSUED UNLESS THE DEBT HAS BEEN REPORTED TO US AS UNCOLLECTIBLE (SEE SECTIONS 5010-5060 OF TITLE 4. GENERAL ACCOUNTING OFFICE POLICY AND PROCEDURES MANUAL) AND THEN ONLY IF ARRANGEMENTS HAVE NOT BEEN MADE TO LIQUIDATE THE DEBT. IN VIEW OF THE ARRANGEMENTS MADE TO PAY THE DEBT IT IS ASSUMED THAT IT WILL NOT BE NECESSARY THAT WE ISSUE SUCH A SETTLEMENT AT THE PRESENT TIME.

B-132735, JAN. 6, 1958

TO JACK D. H. HAYS, ESQUIRE:

REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 20, 1957, AND PREVIOUS CORRESPONDENCE, CONCERNING PAYMENTS OF CLASS Q ALLOTMENT TO MRS. ADELINE OR ARLENE BERNARDO MILEHAM DAVIS KINGSLEY. YOU SUGGEST THAT WE ISSUE A DEBT SETTLEMENT COVERING THE ERRONEOUS ALLOTMENT PAYMENTS.

BY LETTER OF OCTOBER 1, 1957, B-132735, WE ADVISED YOU THAT WE WERE REQUESTING THE COMMANDANT, HEADQUARTERS, UNITED STATES MARINE CORPS, TO FURNISH A COMPLETE REPORT IN THIS CASE. A COPY OF THAT REQUEST WAS ENCLOSED WITH THE LETTER OF OCTOBER 1, 1957.

THERE NOW HAS BEEN RECEIVED A LETTER DATED DECEMBER 27, 1957, FROM MAJOR R. M. BURRILL, HEAD, ALLOTMENT BRANCH, SUPPLY DEPARTMENT, HEADQUARTERS, UNITED STATES MARINE CORPS, INCLUDING A COPY OF A LETTER OF THE SAME DATE FROM MAJOR BURRILL TO STAFF SERGEANT AND MRS. RICHARD D. KINGSLEY. COPIES OF THOSE LETTERS ARE ENCLOSED. IT APPEARS FROM THE COPY OF THE LETTER TO STAFF SERGEANT AND MRS. KINGSLEY THAT IT IS SATISFACTORY TO THE UNITED STATES MARINE CORPS THAT THE INDEBTEDNESS OF $1,460.80 BE LIQUIDATED AT THE RATE OF $100 A MONTH BEGINNING IN MARCH 1958.

GENERALLY UNDER ESTABLISHED PROCEDURES A DEBT SETTLEMENT IS NOT ISSUED UNLESS THE DEBT HAS BEEN REPORTED TO US AS UNCOLLECTIBLE (SEE SECTIONS 5010-5060 OF TITLE 4, GENERAL ACCOUNTING OFFICE POLICY AND PROCEDURES MANUAL) AND THEN ONLY IF ARRANGEMENTS HAVE NOT BEEN MADE TO LIQUIDATE THE DEBT. HENCE, IN VIEW OF THE ARRANGEMENTS MADE TO PAY THE DEBT IT IS ASSUMED THAT IT WILL NOT BE NECESSARY THAT WE ISSUE SUCH A SETTLEMENT AT THE PRESENT TIME. ACCORDINGLY, UNLESS YOU ADVISE US TO THE CONTRARY, FURTHER ACTION BY US DOES NOT NOW APPEAR TO BE REQUIRED.

AS TO OUR VIEWS, GENERALLY CONCERNING THE LIABILITY OF THE HUSBAND OF AN ALLOTTEE FOR ERRONEOUS PAYMENTS OF ALLOTMENTS TO HER, SEE OUR DECISION OF JANUARY 27, 1954, B-116606, B-118007, PUBLISHED AS 33 COMP. GEN. 309, TO THE SECRETARY OF DEFENSE, COPY ENCLOSED. BUT, SEE UNITED STATES V. ELFER, 246 F./2D) 941, IT BEING UNDERSTOOD THAT ARIZONA IS A SO-CALLED "COMMUNITY PROPERTY" STATE.