B-135683, JUN. 24, 1958

B-135683: Jun 24, 1958

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SOLOMON FANNING: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MARCH 17. WHICH WAS RECEIVED IN OUR OFFICE ON APRIL 11. WAS RETURNED TO YOU WITH A COPY OF THE ACT OF OCTOBER 9. YOU WERE ADVISED THAT. WAS NOT RECEIVED IN OUR OFFICE UNTIL MORE THAN 10 YEARS AFTER THAT DATE. CONSIDERATION OF THE CLAIM IS PRECLUDED BY THE PROVISIONS OF THE ACT OF OCTOBER 9. YOU WERE ALSO ADVISED THAT. THERE IS NO BASIS FOR PERMITTING ANY EXTENSION OF TIME BECAUSE OF THE KOREAN CONFLICT. IT IS INDICATED IN THE ENCLOSURES WHICH WERE RECEIVED WITH YOUR LETTER DATED MARCH 17. YOU SAY THAT YOU AGREED TO PAY THAT SUM TO THE FINANCE CENTER AND THAT YOU DID PAY THE SUM OF $140 BEFORE IT WAS FOUND THAT YOU DID NOT OWE ANY MONEY.

B-135683, JUN. 24, 1958

TO MR. SOLOMON FANNING:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MARCH 17, 1958, CONCERNING YOUR CLAIM FOR $308, THE TOTAL OF THE MONTHLY FAMILY ALLOWANCE DEDUCTIONS OF $22 MADE FROM YOUR ARMY PAY FOR THE PERIOD FROM SEPTEMBER 1944 THROUGH OCTOBER 1945.

YOUR CLAIM, WHICH WAS RECEIVED IN OUR OFFICE ON APRIL 11, 1957, WAS RETURNED TO YOU WITH A COPY OF THE ACT OF OCTOBER 9, 1940, PUBLIC LAW NO. 820 (54 STAT. 1061). IN OUR LETTER DATED AUGUST 6, 1957, PR-Z 1829683- MJW, YOU WERE ADVISED THAT, SINCE YOUR CLAIM, WHICH HAD FULLY ACCRUED BY DECEMBER 31, 1945, WAS NOT RECEIVED IN OUR OFFICE UNTIL MORE THAN 10 YEARS AFTER THAT DATE, OR ON APRIL 11, 1957, CONSIDERATION OF THE CLAIM IS PRECLUDED BY THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940. YOU WERE ALSO ADVISED THAT, SINCE YOU HAD NO MILITARY SERVICE AFTER OCTOBER 1945, THERE IS NO BASIS FOR PERMITTING ANY EXTENSION OF TIME BECAUSE OF THE KOREAN CONFLICT.

IT IS INDICATED IN THE ENCLOSURES WHICH WERE RECEIVED WITH YOUR LETTER DATED MARCH 17, 1958, THAT YOU RECEIVED FROM THE FINANCE CENTER, U.S. ARMY, A LETTER DATED APRIL 21, 1952, ADVISING YOU THAT YOUR ARMY PAY ACCOUNT FOR THE PERIOD INVOLVED SHOWED AN OVERPAYMENT OF $240. YOU SAY THAT YOU AGREED TO PAY THAT SUM TO THE FINANCE CENTER AND THAT YOU DID PAY THE SUM OF $140 BEFORE IT WAS FOUND THAT YOU DID NOT OWE ANY MONEY. YOU SAY ALSO THAT THERE IS DUE YOU THE SUM OF $308 PLUS THE SUM OF $140 PAID BY YOU AND YOU ASK, IF YOU CANNOT GET THE SUM OF $308, WHY THE SUM OF $140 CANNOT BE REFUNDED TO YOU.

AFTER THE RECEIPT OF YOUR LETTER OF MARCH 17, 1958, WE OBTAINED ADDITIONAL INFORMATION CONCERNING YOUR CASE FROM THE DEPARTMENT OF THE ARMY AND WE ALSO OBTAINED A TRANSCRIPT OF YOUR PAY ACCOUNT FOR THE ENTIRE PERIOD OF YOUR SERVICE. THE RECORDS SHOW THAT ON JULY 19, 1944, YOU APPLIED FOR FAMILY ALLOWANCE BENEFITS FOR YOUR MOTHER, MRS. SYLVIA WESTON, BUT THAT THE CLAIM WAS NOT APPROVED AND NO PAYMENTS WERE RELEASED TO HER. MONTHLY FAMILY ALLOWANCE DEDUCTIONS OF $22 WERE MADE FROM YOUR PAY, HOWEVER, FROM SEPTEMBER 1, 1944, THROUGH OCTOBER 21, 1945, IN THE TOTAL AMOUNT OF $308. THE RECORDS SHOW THAT CLASS E ALLOTMENT PAYMENTS OF $10 A MONTH WERE MADE TO YOUR MOTHER FOR THE PERIOD FROM MARCH 1, 1942, THROUGH SEPTEMBER 30, 1945, BUT THAT DEDUCTIONS FOR SUCH ALLOTMENT WERE NOT MADE FROM YOUR PAY FOR THE 23 MONTH PERIOD FROM NOVEMBER 1, 1943, TO SEPTEMBER 30, 1945, RESULTING IN AN UNDERDEDUCTION OF $230. THE ALLOTMENT WAS NOT PAID TO YOUR MOTHER FOR THE MONTH OF OCTOBER 1945 AND THE CHECK FOR THAT MONTH WAS VOIDED. THE RECORDS ALSO SHOW AN UNDERDEDUCTION IN YOUR CLASS N (INSURANCE) ACCOUNT IN THE TOTAL AMOUNT OF $15.67. ACCORDINGLY, AT THE TIME OF YOUR DISCHARGE, OCTOBER 21, 1945, THE NET UNDER PAYMENT TO YOU IN YOUR PAY ACCOUNT AMOUNTED TO $62.33, THE DIFFERENCE BETWEEN $308 AND $245.67 ($230 PLUS $15.67).

ON THE BASIS THAT A CLASS E ALLOTMENT OF $10 A MONTH WAS PAID TO YOUR MOTHER THROUGH OCTOBER 1945 AND THAT NO ALLOTMENT DEDUCTIONS WERE MADE FOR THE 24-MONTH PERIOD BEGINNING NOVEMBER 1, 1943, THE DEPARTMENT OF THE ARMY ADVISED YOU THAT YOU WERE INDEBTED TO THE UNITED STATES IN THE AMOUNT OF $240. THEREAFTER, YOU MADE 14 PAYMENTS OF $10 EACH, A TOTAL OF $140, DURING THE PERIOD FROM JUNE 1952 TO NOVEMBER 1955.

SINCE YOUR CLAIM FOR AMOUNTS BELIEVED DUE YOU AS OF THE DATE OF YOUR DISCHARGE WAS NOT RECEIVED IN OUR OFFICE UNTIL APRIL 11, 1957, CONSIDERATION OF THAT CLAIM IS PRECLUDED BY THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940. HOWEVER, SINCE YOUR CLAIM FOR REFUND OF THE SUM OF $140 COLLECTED FROM YOU BY THE DEPARTMENT OF THE ARMY WAS RECEIVED WITHIN 10 YEARS AFTER SUCH CLAIM ACCRUED AND SINCE IT APPEARS THAT NO PART OF THAT SUM WAS DUE THE GOVERNMENT, YOU ARE ENTITLED TO REFUND OF THE SUM OF $140 AND A SETTLEMENT FOR THAT SUM WILL ISSUE IN YOUR FAVOR IN DUE COURSE.