B-134402, AUG. 10, 1962

B-134402: Aug 10, 1962

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TALBOTT: REFERENCE IS MADE TO YOUR LETTER OF JULY 25. YOU STATE THAT YOU DO NOT BELIEVE THAT SERGEANT FOUNTAIN IS INDEBTED TO THE GOVERNMENT FOR THE PAYMENTS INASMUCH AS HE COMPLIED WITH THE ORDERS IN GOOD FAITH. THE JURISDICTION OF THIS OFFICE IS SUCH THAT AUTHORITATIVE DECISIONS MAY BE RENDERED ONLY TO CERTAIN CERTIFYING OFFICERS AND DISBURSING OFFICERS HAVING VOUCHERS BEFORE THEM FOR CERTIFICATION OR PAYMENT BY THEM AND TO HEADS OF THE EXECUTIVE DEPARTMENTS OR OF OTHER ESTABLISHMENTS OF THE GOVERNMENT NOT UNDER ANY OF THE EXECUTIVE DEPARTMENTS. WE ARE WITHOUT AUTHORITY TO RENDER A DECISION SOLELY UPON YOUR REQUEST. YOU MAY BE ADVISED THAT WE HAVE CONSIDERED THE SUBJECT INDEBTEDNESS OF SERGEANT FOUNTAIN ON PREVIOUS OCCASIONS AND THE NOTICES OF EXCEPTION.

B-134402, AUG. 10, 1962

TO MAJOR ELLEN P. TALBOTT:

REFERENCE IS MADE TO YOUR LETTER OF JULY 25, 1962, AESNB-FA, REQUESTING A DECISION CONCERNING THE INDEBTEDNESS TO THE UNITED STATES OF JEFFERSON D. FOUNTAIN, E-7, RA 34420619, FOR ERRONEOUS PAYMENTS MADE INCIDENT TO ORDERS ASSIGNING THE MEMBER TO FORT BLISS, TEXAS, FOR THE PURPOSE OF ATTENDING A COURSE OF INSTRUCTION. YOU STATE THAT YOU DO NOT BELIEVE THAT SERGEANT FOUNTAIN IS INDEBTED TO THE GOVERNMENT FOR THE PAYMENTS INASMUCH AS HE COMPLIED WITH THE ORDERS IN GOOD FAITH.

THE JURISDICTION OF THIS OFFICE IS SUCH THAT AUTHORITATIVE DECISIONS MAY BE RENDERED ONLY TO CERTAIN CERTIFYING OFFICERS AND DISBURSING OFFICERS HAVING VOUCHERS BEFORE THEM FOR CERTIFICATION OR PAYMENT BY THEM AND TO HEADS OF THE EXECUTIVE DEPARTMENTS OR OF OTHER ESTABLISHMENTS OF THE GOVERNMENT NOT UNDER ANY OF THE EXECUTIVE DEPARTMENTS.

ACCORDINGLY, WE ARE WITHOUT AUTHORITY TO RENDER A DECISION SOLELY UPON YOUR REQUEST. HOWEVER, YOU MAY BE ADVISED THAT WE HAVE CONSIDERED THE SUBJECT INDEBTEDNESS OF SERGEANT FOUNTAIN ON PREVIOUS OCCASIONS AND THE NOTICES OF EXCEPTION, COPIES OF WHICH WERE ENCLOSED WITH YOUR LETTER, WERE ISSUED BY OUR DEFENSE ACCOUNTING AND AUDITING DIVISION AFTER CAREFUL CONSIDERATION OF ALL THE FACTS AND CIRCUMSTANCES INVOLVED IN THE CASE.