B-134076, OCT. 31, 1957

B-134076: Oct 31, 1957

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JACOB IS PRESENTLY EMPLOYED BY THE UNITED STATES POST OFFICE AT CLEVELAND. AS A CAREER REGULAR CARRIER AND IN THE LETTER OF AUGUST 26 IT WAS REQUESTED THAT COLLECTION BE UNDERTAKEN BY THE USE OF ALL ADMINISTRATIVE MEANS CONSISTENT WITH THE PROVISIONS OF GENERAL REGULATIONS NO. 129. LETTER OF TODAY WE ARE ADVISING MR. IN BRINGING THE MATTER OF THIS INDEBTEDNESS TO YOUR ATTENTION FOR COLLECTION ACTION IT WAS NOT INTENDED TO SUGGEST THAT COLLECTION SHOULD BE EFFECTED THROUGH WITHHOLDING OF MR. ADMINISTRATIVE MEANS" AS USED IN THE REGULATIONS WAS INTENDED TO REFER TO OTHER MEANS AVAILABLE TO THE ADMINISTRATIVE DEPARTMENTS IN CASES OF THIS NATURE. IT IS BELIEVED THAT THE INFORMATION CONTAINED IN OUR LETTER OF TODAY TO MR.

B-134076, OCT. 31, 1957

TO THE HONORABLE, THE POSTMASTER GENERAL:

BY LETTER OF AUGUST 26, 1957, OUR CLAIMS DIVISION AT INDIANAPOLIS, INDIANA, BROUGHT TO YOUR ATTENTION THE MATTER OF THE INDEBTEDNESS TO THE UNITED STATES OF MR. MICHAEL JACOB, JR., 2923 EAST 117TH STREET, CLEVELAND, OHIO, IN THE AMOUNT OF $150, ARISING OUT OF THE PAYMENT OF A CLASS E ALLOTMENT AT THE RATE OF $50 PER MONTH FOR THE MONTHS OF JULY, AUGUST, AND SEPTEMBER 1942 WHILE SERVING IN THE ARMY.

IT HAD BEEN REPORTED TO OUR OFFICE THAT MR. JACOB IS PRESENTLY EMPLOYED BY THE UNITED STATES POST OFFICE AT CLEVELAND, OHIO, AS A CAREER REGULAR CARRIER AND IN THE LETTER OF AUGUST 26 IT WAS REQUESTED THAT COLLECTION BE UNDERTAKEN BY THE USE OF ALL ADMINISTRATIVE MEANS CONSISTENT WITH THE PROVISIONS OF GENERAL REGULATIONS NO. 129, DATED JULY 30, 1956.

UNDER DATE OF SEPTEMBER 30, 1957, THE REGIONAL CONTROLLER'S OFFICE AT CINCINNATI, OHIO, TRANSMITTED HERE CHECK NO. 712479, DATED SEPTEMBER 27, 1957, MADE PAYABLE TO THE "US GENERAL ACCOUNTING OFFICE," IN THE AMOUNT OF $50, REPRESENTING AN AMOUNT WITHHELD FROM MR. JACOB'S PAY. UNDER DATE OF OCTOBER 11, 1957, THE REGIONAL CONTROLLER'S OFFICE FORWARDED AN ADDITIONAL CHECK, NO. 768018, DATED OCTOBER 11, 1957, IN THE AMOUNT OF $50, TO APPLY ON THE INDEBTEDNESS.

THERE HAS BEEN RECEIVED FROM HONORABLE CHARLES A. VANIK, HOUSE OF REPRESENTATIVES, A LETTER DATED SEPTEMBER 27, 1957, STATING THAT MR. JACOB DISPUTES THE CORRECTNESS OF THE CLAIM AGAINST HIM AND PROTESTS THE WITHHOLDING OF HIS SALARY IN ORDER TO EFFECT COLLECTION IN THIS CASE. LETTER OF TODAY WE ARE ADVISING MR. VANIK AS TO THE BASIS OF THE GOVERNMENT'S CLAIM AGAINST MR. JACOB.

IN BRINGING THE MATTER OF THIS INDEBTEDNESS TO YOUR ATTENTION FOR COLLECTION ACTION IT WAS NOT INTENDED TO SUGGEST THAT COLLECTION SHOULD BE EFFECTED THROUGH WITHHOLDING OF MR. JACOB'S PAY, THERE BEING NOTHING IN THE LAW OR THE CITED REGULATIONS TO AUTHORIZE SUCH PROCEDURE. THE TERM ,ADMINISTRATIVE MEANS" AS USED IN THE REGULATIONS WAS INTENDED TO REFER TO OTHER MEANS AVAILABLE TO THE ADMINISTRATIVE DEPARTMENTS IN CASES OF THIS NATURE.

IT IS BELIEVED THAT THE INFORMATION CONTAINED IN OUR LETTER OF TODAY TO MR. VANIK WILL BE SUFFICIENT TO CONVINCE MR. JACOB AS TO THE CORRECTNESS OF THE GOVERNMENT'S CLAIM. THE RETURN OF THE CHECKS FORWARDED HERE BY THE REGIONAL CONTROLLER'S OFFICE SEEMS TO BE REQUIRED AND THEY ARE ENCLOSED.