B-136053, MAY 28, 1958

B-136053: May 28, 1958

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CONWAY: REFERENCE IS MADE TO YOUR LETTER OF APRIL 15. THIS COUNTERCLAIM WAS FILED IN THIS OFFICE BY YOUR LETTER OF MAY 15. YOUR RESIGNATION AS A SUPERVISOR PURCHASING AGENT WITH THE JAPAN PROCUREMENT AGENCY WAS EFFECTIVE FEBRUARY 19. DEDUCTIONS WERE MADE FROM YOUR PAY FOR THESE ALLOTMENTS THROUGH MARCH 1953 AND DD FORM 234 WAS FORWARDED TO THE CLASS E ALLOTMENT DIVISION TO STOP YOUR CLASS E ALLOTMENTS ON MARCH 31. THIS $50 CHECK FOR APRIL WAS STOPPED. WE HAVE REVIEWED THE RECORD IN RESPECT TO YOUR COUNTERCLAIM AND FIND THAT THERE IS NO ADDITIONAL INFORMATION WHICH WOULD WARRANT ANY CONCLUSION OTHER THAN THAT REACHED BY OUR LETTER OF FEBRUARY 26. AS WAS STATED IN THAT LETTER THE ADMINISTRATIVE ACTION IN PLACING YOU ON LEAVE APPEARS TO HAVE BEEN IN ACCORDANCE WITH THE APPLICABLE LAW AND REGULATIONS AND IT IS NOT SUBJECT TO REVIEW OR REVISION BY THE GENERAL ACCOUNTING OFFICE.

B-136053, MAY 28, 1958

TO MR. HAROLD S. CONWAY:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 15, 1958, REQUESTING REVIEW OF OUR OFFICE SETTLEMENT OF FEBRUARY 26, 1958, WHICH DISALLOWED YOUR COUNTERCLAIM FOR COMPENSATION IN THE AMOUNT OF $1,655.13 COVERING A PERIOD OF ANNUAL LEAVE FROM JANUARY 3, 1953, THROUGH FEBRUARY 19, 1953, AND FOR OVERTIME FROM 5:00 P.M. ON JANUARY 22, 1953, TO 3:00 P.M. ON JANUARY 30, 1953, AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY, JAPAN PROCUREMENT AGENCY, APO 503, SAN FRANCISCO, CALIFORNIA. THIS COUNTERCLAIM WAS FILED IN THIS OFFICE BY YOUR LETTER OF MAY 15, 1957, IN WHICH YOU REQUESTED INDEBTEDNESS TO THE UNITED STATES GOVERNMENT RESULTING FROM THE ERRONEOUS PAYMENT OF A CLASS E ALLOTMENT FOR ONE MONTH. THE RECORD REVEALS THAT YOUR INDEBTEDNESS AROSE IN THE FOLLOWING MANNER. YOUR RESIGNATION AS A INDEBTEDNESS AROSE IN THE FOLLOWING MANNER. YOUR RESIGNATION AS A SUPERVISOR PURCHASING AGENT WITH THE JAPAN PROCUREMENT AGENCY WAS EFFECTIVE FEBRUARY 19, 1953. YOU HAD IN EFFECT TWO CLASS E ALLOTMENTS IN THE AMOUNTS OF $50 AND $217 PER MONTH, RESPECTIVELY. DEDUCTIONS WERE MADE FROM YOUR PAY FOR THESE ALLOTMENTS THROUGH MARCH 1953 AND DD FORM 234 WAS FORWARDED TO THE CLASS E ALLOTMENT DIVISION TO STOP YOUR CLASS E ALLOTMENTS ON MARCH 31, 1953. HOWEVER, THIS FORM DID NOT ARRIVE IN THE CLASS E ALLOTMENT DIVISION IN TIME TO STOP A $217 CHECK FOR APRIL FROM GOING OUT. THIS $50 CHECK FOR APRIL WAS STOPPED.

WE HAVE REVIEWED THE RECORD IN RESPECT TO YOUR COUNTERCLAIM AND FIND THAT THERE IS NO ADDITIONAL INFORMATION WHICH WOULD WARRANT ANY CONCLUSION OTHER THAN THAT REACHED BY OUR LETTER OF FEBRUARY 26, 1958. AS WAS STATED IN THAT LETTER THE ADMINISTRATIVE ACTION IN PLACING YOU ON LEAVE APPEARS TO HAVE BEEN IN ACCORDANCE WITH THE APPLICABLE LAW AND REGULATIONS AND IT IS NOT SUBJECT TO REVIEW OR REVISION BY THE GENERAL ACCOUNTING OFFICE.

REGARDING YOUR INDEBTEDNESS OF $217 YOU STATED IN YOUR LETTER OF APRIL 15, 1958, AS FOLLOWS:

"WHEN I LEFT GOVERNMENT EMPLOYMENT I SIGNED ALL NECESSARY PAPERS TO CANCEL MY ALLOTMENTS (SIC) AND UNDERSTAND THAT THEY WERE MADE OUT CORRECTLY. I DID NOT RECEIVE THIS $217.00 PERSONALLY NOR DID NOT BENEFIT FROM IT SINCE I WAS NOT LIVING WITH THE RECIPIENT AT THAT TIME (SIC) AND AT NO TIME SINCE.'

IN VIEW OF THE ADDITIONAL INFORMATION SUPPLIED IN YOUR LETTER IT HAS BEEN DETERMINED THAT YOU ARE NOT RESPONSIBLE FOR THIS OVERPAYMENT OF THE CLASS E ALLOTMENT. ACCORDINGLY, YOU ARE HEREBY NOTIFIED THAT YOU WILL NO LONGER BE CONSIDERED LIABLE FOR THIS DEBT BY THIS OFFICE.