B-135668, JUN. 12, 1958

Highlights

ARMY: REFERENCE IS MADE TO THE CLAIM OF THE UNITED STATES AGAINST CHARLES H. WHICH WE HAVE CONSIDERED AT THE REQUEST OF HONORABLE PAUL B. IT WAS EXPLAINED THAT THE CHARGE OF $79.80 AROSE BY REASON OF AN OVERPAYMENT OF $28.66 FOR LEAVE AT TIME OF DISCHARGE (PAYMENT MADE FOR SIX DAYS' LEAVE IN EXCESS OF THAT DUE). ZERPHEY DENIES THAT HE WAS OVERPAID BY THE GOVERNMENT. SHOULD NOT HAVE BEEN CHARGED TO LEAVE. SHOULD HAVE BEEN ALLOWED AS TRAVEL TIME FOR TRAVEL FROM FORT KNOX. HE WAS CORRECTLY PAID FOR HIS LEAVE AT THE TIME OF HIS DISCHARGE. HE ALSO CONTENDS THAT HE WAS AUTHORIZED TO RATION SEPARATELY DURING THE PERIOD DECEMBER 1. WHILE HE WAS STATIONED AT FORT GEORGE G. THAT ARMY RECORDS WHICH SHOW THAT HE WAS PAID LEAVE RATIONS ($1.20 PER DAY) FOR THAT PERIOD ARE ERRONEOUS AND SHOULD SHOW THAT HE WAS PAID SEPARATE RATIONS ($1.20 PER DAY) FOR SUCH PERIOD.

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B-135668, JUN. 12, 1958

TO CHIEF, SETTLEMENTS OPERATIONS, FINANCE CENTER, U.S. ARMY:

REFERENCE IS MADE TO THE CLAIM OF THE UNITED STATES AGAINST CHARLES H. ZERPHEY, US 52112471, BASED ON AN INDEBTEDNESS IN HIS MILITARY PAY ACCOUNT, WHICH WE HAVE CONSIDERED AT THE REQUEST OF HONORABLE PAUL B. DAGUE, HOUSE OF REPRESENTATIVES.

BY LETTER DATED JULY 11, 1957, YOUR OFFICE ADVISED MR. ZERPHEY THAT HE HAD BEEN OVERPAID IN THE AMOUNT OF $79.80 INCIDENT TO HIS SERVICE IN THE ARMY. IT WAS EXPLAINED THAT THE CHARGE OF $79.80 AROSE BY REASON OF AN OVERPAYMENT OF $28.66 FOR LEAVE AT TIME OF DISCHARGE (PAYMENT MADE FOR SIX DAYS' LEAVE IN EXCESS OF THAT DUE); A NET OVERPAYMENT FOR LEAVE RATIONS OF $38.40; AND AN ERROR OF $12.74 IN THE COMPUTATION OF PAY FOR THE PERIOD JANUARY 1 TO MARCH 13, 1952. IN HIS LETTER OF JULY 25, 1957, TO YOU, MR. ZERPHEY DENIES THAT HE WAS OVERPAID BY THE GOVERNMENT. HE CONTENDS THAT SIX DAYS OF THE 21 DAYS' LEAVE CHARGED TO HIM FOR THE PERIOD JUNE 14 TO JULY 4, 1952, SHOULD NOT HAVE BEEN CHARGED TO LEAVE, BUT SHOULD HAVE BEEN ALLOWED AS TRAVEL TIME FOR TRAVEL FROM FORT KNOX, KENTUCKY, TO FORT GEORGE G. MEADE, MARYLAND, AND THAT, THEREFORE, HE WAS CORRECTLY PAID FOR HIS LEAVE AT THE TIME OF HIS DISCHARGE. HE ALSO CONTENDS THAT HE WAS AUTHORIZED TO RATION SEPARATELY DURING THE PERIOD DECEMBER 1, 1951, TO JANUARY 7, 1952, WHILE HE WAS STATIONED AT FORT GEORGE G. MEADE, AND THAT ARMY RECORDS WHICH SHOW THAT HE WAS PAID LEAVE RATIONS ($1.20 PER DAY) FOR THAT PERIOD ARE ERRONEOUS AND SHOULD SHOW THAT HE WAS PAID SEPARATE RATIONS ($1.20 PER DAY) FOR SUCH PERIOD.

BY ORDERS DATED JUNE 9, 1952, MR. ZERPHEY WAS DIRECTED TO PROCEED FROM HIS DUTY STATION, FORT KNOX, KENTUCKY, TO FORT GEORGE G. MEADE, MARYLAND, FOR SUMMER TRAINING. HE WAS AUTHORIZED THREE DAYS' TRAVEL TIME WITH 15 DAYS' DELAY EN ROUTE CHARGEABLE AS LEAVE. THEREFORE, IT APPEARS THAT THREE DAYS OF THE 21 DAYS' LEAVE CHARGED TO HIM FOR THE PERIOD JUNE 14 TO JULY 4, 1952, SHOULD NOT HAVE BEEN CHARGED TO LEAVE, BUT SHOULD HAVE BEEN ALLOWED AS TRAVEL TIME FROM FORT KNOX, KENTUCKY, TO FORT GEORGE G. MEADE, MARYLAND. HOWEVER, IT APPEARS THAT HE WAS IN FACT ABSENT ON LEAVE FOR 18 DAYS OF THE 21 DAYS CHARGED TO HIM ON THE LEAVE RECORDS FOR THAT PERIOD. HENCE, WE HAVE CONCLUDED THAT MR. ZERPHEY WAS OVERPAID FOR THREE DAYS OF LEAVE INSTEAD OF SIX DAYS SINCE IT APPEARS THAT HE USED LEAVE AS FOLLOWS: SEPTEMBER 23 TO 29, 1951, SEVEN DAYS; DECEMBER 28, 1951, TO JANUARY 1, 1952, FIVE DAYS; JUNE 14 TO JULY 1, 1952, EIGHTEEN DAYS; DECEMBER 22 TO 27, 1952, SIX DAYS. THIS MAKES A TOTAL OF 36 DAYS' LEAVE THAT HE USED OF HIS MAXIMUM ACCRUED LEAVE OF 60 DAYS, LEAVING A BALANCE OF 24 DAYS UNUSED AT DISCHARGE. SINCE HE WAS PAID THE SUM OF $128.97 FOR 27 DAYS' UNUSED LEAVE, THE ACTUAL LEAVE OVERPAYMENT APPARENTLY WAS FOR THREE DAYS IN THE AMOUNT OF $14.33.

MILITARY PAY ORDER NO. 218, DATED APRIL 29, 1952, CONFIRMS MR. ZERPHEY'S CLAIM THAT HE WAS AUTHORIZED TO RATION SEPARATELY FOR THE PERIOD DECEMBER 1, 1951, TO JANUARY 7, 1952, AND THAT THE ENTRYON HIS PAY RECORD SHOWING PAYMENT FOR LEAVE RATIONS FOR THAT PERIOD SHOULD HAVE SHOWN PAYMENT FOR SEPARATE RATIONS. WE FIND ALSO THAT HE IS DUE A CREDIT IN THE SUM OF $3.60 REPRESENTING THREE DAYS' LEAVE RATIONS (AT $1.20 PER DAY) WHICH HE WAS NOT PAID FOR THE THREE-DAY PERIOD JUNE 29 TO JULY 1, 1952. HOWEVER, HE PROPERLY IS CHARGEABLE WITH THE SUM OF $12.74, REPRESENTING AN ERROR IN THE COMPUTATION OF HIS PAY FOR THE PERIOD JANUARY 1 TO MARCH 13, 1952 (HE WAS CREDITED WITH $245.25 INSTEAD OF $232.51), AND THE SUM OF $6 REPRESENTING FIVE DAYS' LEAVE RATIONS AT $1.20 PER DAY FOR THE PERIOD DECEMBER 23 TO 27, 1951, WHICH PERIOD WAS INCLUDED IN THE PERIOD DECEMBER 1, 1951, TO JANUARY 7, 1952, FOR WHICH PAYMENT FOR SEPARATE RATIONS WAS MADE. UNDER THE APPLICABLE LAW AND REGULATIONS, A MEMBER IS ENTITLED TO ONLY ONE MONETARY ALLOWANCE FOR SUBSISTENCE (RATION PAYMENT) FOR A PARTICULAR PERIOD WHEN MESSING FACILITIES ARE NOT AVAILABLE. ACCORDINGLY, MR. ZERPHEY'S ACCOUNT IS CHARGEABLE WITH THE ITEM OF LEAVE RATIONS PAID HIM FOR THE PERIOD DECEMBER 23 TO 27, 1951, SINCE HE RECEIVED A PAYMENT OF SEPARATE RATIONS FOR THAT PERIOD.

A REVISED ITEMIZATION OF MR. ZERPHEY'S INDEBTEDNESS IS AS FOLLOWS:

CHART

UNDERPAYMENT OVERPAYMENT

LEAVE (3 DAYS) $14.33

LEAVE RATIONS NOT CREDITED FOR

THE PERIOD JUNE 29 TO JULY 1,

1952 WHEN MEMBER WAS ON LEAVE $3.60

ERROR IN COMPUTATION OF PAY FOR

THE PERIOD JANUARY 1 TO MARCH

13, 1952 12.74

DUPLICATE RATION CREDITS AT

$1.20 PER DAY FOR DECEMBER 23