B-135300, MAR. 13, 1958

B-135300: Mar 13, 1958

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

BULLOCK: REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 18. IT APPEARS THAT THE CLASS Q ALLOTMENT WAS ADMINISTRATIVELY AUTHORIZED ON THE BASIS OF YOUR REQUEST. PAYMENTS OF THE ALLOTMENT WERE MADE TO YOU FOR THE PERIOD FROM MARCH 22 TO NOVEMBER 30. COVINGTON WAS DISCHARGED ON OCTOBER 26. FOR WHICH NO DEDUCTION WAS MADE FROM THE ENLISTED MAN'S PAY. WAS ERRONEOUS. SINCE NO AMOUNT WAS DEDUCTED FROM HIS PAY FOR THE NOVEMBER 1954 ALLOTMENT. THE ENTIRE AMOUNT OF THE PAYMENT RECEIVED BY YOU FOR THAT MONTH WAS ERRONEOUS AND HENCE YOU ARE INDEBTED TO THE GOVERNMENT IN THE AMOUNT OF $91.30 LESS PAYMENTS MADE ON THE DEBT. IT IS WELL ESTABLISHED THAT THE PARTIES RECEIVING MONEYS ERRONEOUSLY PAID BY THE A GOVERNMENT OFFICIAL OR AGENCY ARE LIABLE TO REFUND THEM.

B-135300, MAR. 13, 1958

TO MRS. GLORIA J. BULLOCK:

REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 18, 1957, CONCERNING YOUR INDEBTEDNESS TO THE UNITED STATES IN THE TOTAL AMOUNT OF $91.30. THAT AMOUNT REPRESENTS AN ERRONEOUS PAYMENT OF CLASS Q ALLOTMENT MADE TO YOU FOR THE MONTH OF NOVEMBER 1954, INCIDENT TO JOHN F. COVINGTON'S SERVICE AS AN ENLISTED MAN IN THE ARMY, SERVICE NO. US 53 155 998.

IT APPEARS THAT THE CLASS Q ALLOTMENT WAS ADMINISTRATIVELY AUTHORIZED ON THE BASIS OF YOUR REQUEST. PAYMENTS OF THE ALLOTMENT WERE MADE TO YOU FOR THE PERIOD FROM MARCH 22 TO NOVEMBER 30, 1954. HOWEVER, MR. COVINGTON WAS DISCHARGED ON OCTOBER 26, 1954, AFTER WHICH NO PAY OR ALLOWANCES ACCRUED TO HIM AS AN ENLISTED MAN OF THE ARMY. IT FOLLOWS THAT THE PAYMENT FOR THE MONTH OF NOVEMBER 1954, FOR WHICH NO DEDUCTION WAS MADE FROM THE ENLISTED MAN'S PAY, WAS ERRONEOUS, RESULTING IN AN OVERPAYMENT TO YOU OF $91.30. SINCE NO AMOUNT WAS DEDUCTED FROM HIS PAY FOR THE NOVEMBER 1954 ALLOTMENT, THE ENTIRE AMOUNT OF THE PAYMENT RECEIVED BY YOU FOR THAT MONTH WAS ERRONEOUS AND HENCE YOU ARE INDEBTED TO THE GOVERNMENT IN THE AMOUNT OF $91.30 LESS PAYMENTS MADE ON THE DEBT.

IT REPEATEDLY HAS BEEN HELD BY THE COURTS THAT MONEYS ERRONEOUSLY DISBURSED BY THE GOVERNMENT MAY BE RECOVERED BACK. PERSONS RECEIVING SUCH PAYMENTS ACQUIRE NO RIGHT THERETO, AND IT IS WELL ESTABLISHED THAT THE PARTIES RECEIVING MONEYS ERRONEOUSLY PAID BY THE A GOVERNMENT OFFICIAL OR AGENCY ARE LIABLE TO REFUND THEM. ACCORDINGLY, THE LIABILITY TO MAKE RESTITUTION IS YOURS RATHER THAN THAT OF MR. COVINGTON.

THERE HAS BEEN CONSIDERABLE CORRESPONDENCE WITH RESPECT TO THIS MATTER. IT IS THE POLICY OF OUR OFFICE TO AFFORD YOU THE OPPORTUNITY TO LIQUIDATE YOUR OBLIGATION TO THE GOVERNMENT ON THE BASIS OF THE PRINCIPAL AMOUNT DUE --- WITHOUT ADDITIONS FOR INTEREST AND COSTS--- AND WITHOUT ANY UNNECESSARY HARDSHIP UPON YOU. FOR THAT REASON, YOUR ARRANGEMENT FOR REPAYMENT OF THE INDEBTEDNESS BY MONTHLY INSTALLMENT PAYMENTS OF $10 EACH IS ACCEPTABLE HERE, PROVIDED THE PAYMENTS ARE MADE AT REGULAR MONTHLY INTERVALS AS PROMISED IN YOUR LETTER RECEIVED IN OUR OFFICE ON JANUARY 15, 1958.

ADDITIONAL PAYMENTS SHOULD BE MADE BY CHECK OR MONEY ORDER DRAWN PAYABLE TO THE "U.S. GENERAL ACCOUNTING OFFICE" AND ADDRESSED TO THE U.S. GENERAL ACCOUNTING OFFICE, CLAIMS DIVISION, INDIANAPOLIS 49, INDIANA.