B-133443, SEP. 17, 1957

B-133443: Sep 17, 1957

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THAT PAYMENTS WERE MADE AT THE RATE OF $50 MONTHLY BEGINNING NOVEMBER 1. THAT YOU WERE DISCHARGED ON JUNE 13. THAT NO CORRESPONDING DEDUCTIONS WERE MADE FROM YOUR PAY FOR ANY OF THE ALLOTMENT PAYMENTS MADE. TO YOU IT WAS POINTED OUT THAT THE GOVERNMENT'S RIGHT OF ACTION AGAINST YOU IS NOT BARRED BY ANY STATUTE OF LIMITATIONS AND THERE WERE CITED CASES IN THE COURT OF CLAIMS OF THE UNITED STATES AND THE SUPREME COURT OF THE UNITED STATES WHICH GIVE THE BASIS FOR SUCH STATEMENT. YOUR INDEBTEDNESS DOES NOT RESULT FROM A FALSE CLAIM AGAINST THE UNITED STATES NOR IS A DUAL COMPENSATION QUESTION INVOLVED. THE CLAIM RESULTS FROM OVERPAYMENT OF PAY TO YOU DURING THE PERIOD INVOLVED BECAUSE NO DEDUCTIONS WERE MADE.

B-133443, SEP. 17, 1957

TO MR. HARRY W. WOLFENSBERGER:

CONSIDERATION HAS BEEN GIVEN TO AN UNSIGNED LETTER DATED JULY 31, 1957, WRITTEN IN YOUR BEHALF BY MR. SAMUEL H. MURRAY, ATTORNEY, OF THE FIRM OF LEWIS AND MACDONALD, REGARDING THE GOVERNMENT'S CLAIM AGAINST YOU FOR $350.

RECORDS ON FILE HERE SHOW THAT ON OCTOBER 15, 1946, YOU AUTHORIZED A CLASS E ALLOTMENT OF $50 MONTHLY TO YOUR FATHER, ERNEST WOLFENSBERGER, BOX 8, MAUGANSVILLE, MARYLAND, COMMENCING NOVEMBER 1, 1946; THAT PAYMENTS WERE MADE AT THE RATE OF $50 MONTHLY BEGINNING NOVEMBER 1, 1946, AND ENDING MAY 31, 1946; THAT YOU WERE DISCHARGED ON JUNE 13, 1947; AND THAT NO CORRESPONDING DEDUCTIONS WERE MADE FROM YOUR PAY FOR ANY OF THE ALLOTMENT PAYMENTS MADE.

YOUR ATTORNEY APPEARS TO BE OF THE OPINION THAT, IN VIEW OF THE PERIOD THAT HAS ELAPSED SINCE THE OVERPAYMENTS, COLLECTION ACTION AGAINST YOU WOULD BE BARRED BY A STATUTE OF LIMITATIONS. HE CITED SPECIFICALLY 31 U.S.C. 235 AND 237A AS POSSIBLY BEING FOR CONSIDERATION. SECTION 235 HAS REFERENCE TO THE COMMENCEMENT OF SUIT IN CONNECTIONS WITH CLAIMS ARISING UNDER THE FALSE CLAIMS STATUTE CONTAINED IN SECTION 231. SECTION 237A PLACES A TIME LIMITATION FOR COLLECTION ACTION IN CASES INVOLVING DUAL COMPENSATION. THE INSTANT MATTER DOES NOT COME WITHIN THE PURVIEW OF EITHER OF THE CITED SECTIONS.

IN OUR CLAIMS DIVISION LETTER OF JUNE 10, 1957, TO YOU IT WAS POINTED OUT THAT THE GOVERNMENT'S RIGHT OF ACTION AGAINST YOU IS NOT BARRED BY ANY STATUTE OF LIMITATIONS AND THERE WERE CITED CASES IN THE COURT OF CLAIMS OF THE UNITED STATES AND THE SUPREME COURT OF THE UNITED STATES WHICH GIVE THE BASIS FOR SUCH STATEMENT.

YOUR INDEBTEDNESS DOES NOT RESULT FROM A FALSE CLAIM AGAINST THE UNITED STATES NOR IS A DUAL COMPENSATION QUESTION INVOLVED. THE CLAIM RESULTS FROM OVERPAYMENT OF PAY TO YOU DURING THE PERIOD INVOLVED BECAUSE NO DEDUCTIONS WERE MADE--- AS REQUIRED--- FROM YOUR PAY TO COMPENSATE FOR THE CLASS E ALLOTMENT PAYMENTS MADE TO YOUR FATHER. IN OTHER WORDS, YOU RECEIVED $350 MORE DURING THAT PERIOD THAN YOU WERE AUTHORIZED TO RECEIVE.

ACCORDINGLY, UNLESS PAYMENT OF $350 OR A SUBSTANTIAL INITIAL PAYMENT IS RECEIVED PROMPTLY, THE MATTER WILL BE REFERRED TO THE DEPARTMENT OF JUSTICE FOR COLLECTION ACTION AGAINST YOU.

PAYMENT SHOULD BE MADE BY CHECK OR MONEY ORDER PAYABLE TO THE "U.S. GENERAL ACCOUNTING OFFICE" AND FORWARDED TO THE U.S. GENERAL ACCOUNTING OFFICE, POST OFFICE BOX 2610, WASHINGTON 13, D.C. ..END :