B-135879, JUN. 18, 1958

B-135879: Jun 18, 1958

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MIMS: REFERENCE IS MADE TO YOUR LETTER OF MARCH 7. WHILE YOU PURPORTEDLY WERE A TRAINEE AT THE FLORIDA SCHOOL OF ART. THE INDEBTEDNESS WAS REPORTED TO OUR OFFICE BY THE VETERANS ADMINISTRATION AND UNDER DATE OF FEBRUARY 5. SINCE YOU WERE AN EMPLOYEE OF THAT DEPARTMENT. REPORTED YOUR CONTENTION THAT YOU WERE ENTITLED TO THE SUBSISTENCE ALLOWANCE RECEIVED BY YOU FOR THE PERIOD INVOLVED AND ENCLOSED A COPY OF VA FORM 7-1907C-1. PURPORTING TO SHOW THAT YOU WERE IN A TRAINING STATUS AT THE FLORIDA SCHOOL OF ART. THE FILE SHOWS THAT YOU WERE EMPLOYED AT THE NAVAL AIR STATION. YOU WERE PAID SUBSISTENCE ALLOWANCE BY THE VETERANS ADMINISTRATION ON THE BASIS OF YOUR REPORTED ATTENDANCE OF CLASSES AT THE FLORIDA SCHOOL OF ART.

B-135879, JUN. 18, 1958

TO MR. GEORGE E. MIMS:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 7, 1958, REQUESTING RECONSIDERATION OF THE MATTER OF YOUR REPORTED INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $407.06 ARISING FROM OVERPAYMENT OF SUBSISTENCE ALLOWANCE FOR THE PERIOD JANUARY 1, 1953, THROUGH AUGUST 31, 1953, WHILE YOU PURPORTEDLY WERE A TRAINEE AT THE FLORIDA SCHOOL OF ART, ADVERTISING AND PHOTOGRAPHY, INC., JACKSONVILLE, FLORIDA.

THE INDEBTEDNESS WAS REPORTED TO OUR OFFICE BY THE VETERANS ADMINISTRATION AND UNDER DATE OF FEBRUARY 5, 1958, WE REPORTED IT TO THE DEPARTMENT OF THE NAVY FOR COLLECTION, SINCE YOU WERE AN EMPLOYEE OF THAT DEPARTMENT. IN ITS LETTER DATED MARCH 12, 1958, THE U.S. NAVAL AIR STATION, JACKSONVILLE, FLORIDA, REPORTED YOUR CONTENTION THAT YOU WERE ENTITLED TO THE SUBSISTENCE ALLOWANCE RECEIVED BY YOU FOR THE PERIOD INVOLVED AND ENCLOSED A COPY OF VA FORM 7-1907C-1, NOTICE OF TRAINING STATUS, PURPORTING TO SHOW THAT YOU WERE IN A TRAINING STATUS AT THE FLORIDA SCHOOL OF ART, ADVERTISING AND PHOTOGRAPHY, INC., DURING THE PERIOD IN QUESTION.

IN RESPONSE TO OUR REQUEST, THE NAVAL AIR STATION, JACKSONVILLE, FLORIDA, HAS MADE A FURTHER REPORT ON THE MATTER. THE FILE SHOWS THAT YOU WERE EMPLOYED AT THE NAVAL AIR STATION, JACKSONVILLE, FLORIDA, FROM 3:30 P.M. TO 11:30 P.M., MONDAYS THROUGH FRIDAYS, FROM DECEMBER 22, 1952, THROUGH THE PERIOD INVOLVED (JANUARY 1, 1953, THROUGH AUGUST 31, 1953). FOR THE SAME PERIOD, YOU WERE PAID SUBSISTENCE ALLOWANCE BY THE VETERANS ADMINISTRATION ON THE BASIS OF YOUR REPORTED ATTENDANCE OF CLASSES AT THE FLORIDA SCHOOL OF ART, ADVERTISING AND PHOTOGRAPHY, INC., FROM 6:30 TO 10:30 P.M. ON MONDAY, TUESDAY AND THURSDAY EVENINGS. ALTHOUGH VA FORM 7- 1907C-1, NOTICE OF TRAINING STATUS, ABOVE REFERRED TO, MAY INDICATE THAT YOU WERE IN A TRAINING STATUS AT THE SCHOOL DURING THE PERIOD IN QUESTION, IT OBVIOUSLY WAS BASED ON ERRONEOUS REPORTS BY THE SCHOOL.

IN VIEW OF THE FOREGOING, IT SEEMS CLEAR THAT YOU WERE NOT ENTITLED TO RECEIVE SUBSISTENCE ALLOWANCE FOR THE PERIOD JANUARY 1, 1953, THROUGH AUGUST 31, 1953, AND THAT THE AMOUNT SO RECEIVED SHOULD BE REFUNDED TO THE UNITED STATES. PAYMENT OF $4.50 PER WEEK DIRECT TO THE GENERAL ACCOUNTING OFFICE AS SUGGESTED IN YOUR LETTER WILL BE ACCEPTABLE PROVIDED PAYMENTS ARE MADE REGULARLY AS AGREED, BEGINNING IMMEDIATELY, PAYMENTS SHOULD BE MADE BY CHECKS OR MONEY ORDERS PAYABLE TO THE U.S. GENERAL ACCOUNTING OFFICE AND SENT TO CLAIMS DIVISION, U.S. GENERAL ACCOUNTING OFFICE, BOX 2610, WASHINGTON 13, D.C. ..END :