B-135341, MAR. 14, 1958

B-135341: Mar 14, 1958

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MCILHINEY: REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 4. FOR A REFUND OF $450 WHICH YOU STATE YOU REMITTED TO THE VETERANS ADMINISTRATION TO APPLY UPON YOUR PURPORTED INDEBTEDNESS TO THE UNITED STATES FOR THE AMOUNT IT WAS CALLED UPON TO PAY YOUR INSURANCE COMPANY UNDER THE SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940. WE HELD THAT CONGRESSIONAL ACTION IS NECESSARY BEFORE THE SOLDIERS' AND SAILORS' CIVIL RELIEF REVOLVING FUND. WILL BE AVAILABLE FOR REFUNDING TO SERVICEMEN OR FORMER SERVICEMEN SUMS COLLECTED FROM THEM ON ACCOUNT OF THEIR PURPORTED INDEBTEDNESS TO THE UNITED STATES FOR LOSSES SUSTAINED BY IT IN GUARANTEEING PAYMENT OF PREMIUMS ON CERTAIN COMMERCIAL LIFE INSURANCE POLICIES AND WHICH LOSSES THE SUPREME COURT DECIDED DO NOT CONSTITUTE AN INDEBTEDNESS OF THE SERVICEMEN OR FORMER SERVICEMEN TO THE UNITED STATES.

B-135341, MAR. 14, 1958

TO LIEUTENANT COLONEL WILLIAM G. MCILHINEY:

REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 4, 1958, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM UNDER THE DECISION OF THE UNITED STATES SUPREME COURT IN UNITED STATES V. PLESHA, 352 U.S. 202, FOR A REFUND OF $450 WHICH YOU STATE YOU REMITTED TO THE VETERANS ADMINISTRATION TO APPLY UPON YOUR PURPORTED INDEBTEDNESS TO THE UNITED STATES FOR THE AMOUNT IT WAS CALLED UPON TO PAY YOUR INSURANCE COMPANY UNDER THE SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940.

IN OUR DECISION B-101126, DATED JUNE 24, 1957, 36 COMP. GEN. 825, AND AFFIRMING DECISION B-101126, DATED MARCH 5, 1958, COPIES ENCLOSED FOR YOUR INFORMATION, WE HELD THAT CONGRESSIONAL ACTION IS NECESSARY BEFORE THE SOLDIERS' AND SAILORS' CIVIL RELIEF REVOLVING FUND, TREASURY SYMBOL 36 X 4135, WILL BE AVAILABLE FOR REFUNDING TO SERVICEMEN OR FORMER SERVICEMEN SUMS COLLECTED FROM THEM ON ACCOUNT OF THEIR PURPORTED INDEBTEDNESS TO THE UNITED STATES FOR LOSSES SUSTAINED BY IT IN GUARANTEEING PAYMENT OF PREMIUMS ON CERTAIN COMMERCIAL LIFE INSURANCE POLICIES AND WHICH LOSSES THE SUPREME COURT DECIDED DO NOT CONSTITUTE AN INDEBTEDNESS OF THE SERVICEMEN OR FORMER SERVICEMEN TO THE UNITED STATES.

APPARENTLY, YOU ARE OF THE VIEW THAT OUR OFFICE HAS A GENERAL FUND AVAILABLE FOR THE PAYMENT OF ALL CLAIMS AGAINST THE UNITED STATES. HOWEVER, ALL PAYMENTS MADE BY OUR OFFICE ARE MADE OUT OF FUNDS APPROPRIATED FOR THE PURPOSE FOR WHICH PAYMENT IS MADE AND THERE EXISTS NO APPROPRIATION FROM WHICH REFUNDS UNDER THE PLESHA DECISION PROPERLY MAY BE MADE CURRENTLY. HOWEVER, THERE ARE PENDING BEFORE THE COMMITTEE ON VETERANS AFFAIRS, HOUSE OF REPRESENTATIVES, H.R. 9287 AND H.R. 9369 WHICH, IF ENACTED INTO LAW, WOULD MAKE THE BALANCE IN THE SOLDIERS' AND SAILORS' CIVIL RELIEF REVOLVING FUND AVAILABLE AND AUTHORIZE ADDITIONAL APPROPRIATIONS FOR MAKING REFUNDS UNDER THE PLESHA DECISION.

ACCORDINGLY, NO AMOUNT BEING AVAILABLE CURRENTLY FOR PAYMENT OF REFUNDS UNDER THE PLESH DECISION, THERE IS NO ACTION WHICH WE MAY PROPERLY TAKE, AT THIS TIME, TO ALLOW YOUR CLAIM.