B-132888, JAN. 8, 1958

B-132888: Jan 8, 1958

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FRENCH: REFERENCE IS MADE TO A LETTER DATED MARCH 29. THERE WAS TRANSMITTED A CHECK IN THE AMOUNT OF $150. THE LETTER STATED THAT THE REMITTANCE WAS TO BE. SINCE OUR OFFICE IS WITHOUT JURISDICTION TO CONSIDER OFFERS IN COMPROMISE. THAT IS TO SAY. REPORTING THE ACCEPTANCE OF THE OFFER IN COMPROMISE BUT STATING THAT SUCH ACCEPTANCE IS IN SETTLEMENT ONLY OF THE ABOVE INDICATED INDEBTEDNESS IN THE AMOUNT OF $1. THE DEPARTMENT OF JUSTICE SPECIFICALLY ADVISED THAT ITS ACCEPTANCE OF THE OFFER IS NOT FOR A GENERAL RELEASE AS REQUESTED IN MR. IT IS BELIEVED THAT UPON CONSIDERATION OF THE MATTER YOU WILL READILY UNDERSTAND WHY THE ACCEPTANCE MUST BE LIMITED TO THE PRESENT OUTSTANDING INDEBTEDNESS.

B-132888, JAN. 8, 1958

TO MR. ROBERT H. FRENCH:

REFERENCE IS MADE TO A LETTER DATED MARCH 29, 1957, FROM MR. JACK E. HARPER, JR. SUBMITTING ON YOUR BEHALF AN OFFER TO PAY THE SUM OF $150 IN FULL SETTLEMENT OF YOUR INDEBTEDNESS TO THE UNITED STATES IN AMOUNTS AGGREGATING $1,229.90, REPRESENTING THE VALUE OF GOVERNMENT PROPERTY LOST OR DESTROYED, THE DETERMINATION OF LIABILITY HAVING BEEN MADE BY THE DEPARTMENT OF THE ARMY IN ACCORDANCE WITH SECTIONS 1 AND 2 OF THE ACT OF MARCH 29, 1894, 28 STAT. 47 (31 U.S.C. 89, 90).

WITH THE LETTER OF MARCH 29, 1957, THERE WAS TRANSMITTED A CHECK IN THE AMOUNT OF $150, COVERING THE AMOUNT OF THE OFFER. THE LETTER STATED THAT THE REMITTANCE WAS TO BE---

"* * * IN FULL PAYMENT OF ANY AND ALL CLAIMS OF THE GOVERNMENT ACCRUING DIRECTLY OR INDIRECTLY AS A RESULT OF A TOUR OF MILITARY DUTY PERFORMED BY MR. ROBERT H. FRENCH AS A CAPTAIN IN THE MILITARY SERVICE IN THE YEARS 1951 AND/OR 52.'

SINCE OUR OFFICE IS WITHOUT JURISDICTION TO CONSIDER OFFERS IN COMPROMISE, WE REFERRED THE MATTER OF THE OFFER TO THE DEPARTMENT OF JUSTICE FOR CONSIDERATION, INVITING ATTENTION TO THE TERMS OF THE OFFER, THAT IS TO SAY, WE POINTED OUT THE FACT THAT THE OFFER APPARENTLY COMPREHENDED SETTLEMENT OF THE REPORTED INDEBTEDNESS IN THE AMOUNT OF $1,229.90, BUT, ALSO, INCLUDED ANY OTHER CLAIMS ARISING OUT OF YOUR TOUR OF DUTY, NOW KNOWN OR UNKNOWN.

THERE HAS BEEN RECEIVED FROM THE DEPARTMENT OF JUSTICE A LETTER DATED DECEMBER 30, 1957, REPORTING THE ACCEPTANCE OF THE OFFER IN COMPROMISE BUT STATING THAT SUCH ACCEPTANCE IS IN SETTLEMENT ONLY OF THE ABOVE INDICATED INDEBTEDNESS IN THE AMOUNT OF $1,229.90. THE DEPARTMENT OF JUSTICE SPECIFICALLY ADVISED THAT ITS ACCEPTANCE OF THE OFFER IS NOT FOR A GENERAL RELEASE AS REQUESTED IN MR. HARPER'S LETTER OF MARCH 29, 1957. IT IS BELIEVED THAT UPON CONSIDERATION OF THE MATTER YOU WILL READILY UNDERSTAND WHY THE ACCEPTANCE MUST BE LIMITED TO THE PRESENT OUTSTANDING INDEBTEDNESS. NEITHER OUR OFFICE NOR THE DEPARTMENT OF JUSTICE IS AUTHORIZED TO AGREE, BY ACCEPTANCE OF YOUR OFFER, TO WAIVE ANY FUTURE CLAIMS WHICH MAY BE ASSERTED AGAINST YOU AS ARISING OUT OF YOUR MILITARY SERVICE. IF YOU DO NOT AGREE TO THE FOREGOING, PLEASE ADVISE WITHIN THIRTY DAYS. OTHERWISE YOUR CHECK WILL BE DEPOSITED AND THE CASE CLOSED.