B-140309, B-138869, AUG. 24, 1959

B-138869,B-140309: Aug 24, 1959

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NATIONAL GUARD BUREAU: REFERENCE IS MADE TO NATIONAL GUARD BUREAU LETTER OF JUNE 3. MORSE'S CASE AROSE AS A RESULT OF ERRONEOUS PAYMENTS MADE WHILE HE WAS A MEMBER OF THE ARMY OF THE UNITED STATES. SINCE COLLECTION WAS NOT ACCOMPLISHED PRIOR TO HIS DISCHARGE FROM THE SERVICE IN 1945. IN VIEW OF THE FACT THAT HE IS HIRED BY AND IS AN EMPLOYEE OF THE STATE OF WASHINGTON. IT APPEARS THAT NO COMPENSATION IS DUE HIM FROM THE UNITED STATES FOR SUCH CIVILIAN SERVICE. IT WAS STATED THAT INACTIVE DUTY TRAINING PAY. SUCH AIR FORCE ACTION APPEARS TO BE PROPER EVEN THOUGH THE INDEBTEDNESS RESULTED FROM PAYMENTS MADE WHILE THE DEBTOR WAS SERVING IN ANOTHER BRANCH OF THE ARMED FORCES. IS VIEWED AS THE .

B-140309, B-138869, AUG. 24, 1959

TO CHIEF, NATIONAL GUARD BUREAU:

REFERENCE IS MADE TO NATIONAL GUARD BUREAU LETTER OF JUNE 3, 1959, CONCERNING YOUR LETTER DATED JANUARY 23, 1959, ADDRESSED TO THE CHIEF, DEBT BRANCH OF OUR CLAIMS DIVISION, RELATIVE TO COLLECTION OF THE CLAIM OF THE UNITED STATES AGAINST MR. JOHN H. MORSE UNDER AUTHORITY OF THE ACT OF JULY 15, 1954, 68 STAT. 482, 5 U.S.C. 46D, AS IMPLEMENTED BY DEPARTMENT OF DEFENSE DIRECTIVE NO. 73320.2, DATED NOVEMBER 23, 1955.

THE INDEBTEDNESS IN MR. MORSE'S CASE AROSE AS A RESULT OF ERRONEOUS PAYMENTS MADE WHILE HE WAS A MEMBER OF THE ARMY OF THE UNITED STATES. SINCE COLLECTION WAS NOT ACCOMPLISHED PRIOR TO HIS DISCHARGE FROM THE SERVICE IN 1945, ONLY "SUBSEQUENT PAYMENTS * * * DUE SUCH PERSON BY THE DEPARTMENT, AGENCY, OR INDEPENDENT ESTABLISHMENT CONCERNED" MAY BE DECREASED TO LIQUIDATE THE INDEBTEDNESS UNDER THE ACT OF JULY 15, 1954. IN VIEW OF THE FACT THAT HE IS HIRED BY AND IS AN EMPLOYEE OF THE STATE OF WASHINGTON, IT APPEARS THAT NO COMPENSATION IS DUE HIM FROM THE UNITED STATES FOR SUCH CIVILIAN SERVICE. CF. 21 COMP. GEN. 305; 26 ID. 205. SEE, ALSO, PARAGRAPH 2, AIR NATIONAL GUARD REGULATION 173-01, OCTOBER 1, 1957.

CONCERNING THE MATTER OF INACTIVE DUTY TRAINING PAY DUE MEMBERS OF THE AIR NATIONAL GUARD, IT APPEARS THAT THE DEPARTMENT OF THE AIR FORCE WITHHOLDS SUCH PAY OF AIR NATIONAL GUARDSMEN PAID UNDER THE MILITARY PAY RECORD SYSTEM, TO EFFECT COLLECTION ACTION UNDER 5 U.S.C. 46D. SEE, IN THIS CONNECTION, PARAGRAPH 11502, AIR FORCE MANUAL 173-22, CHANGE 3, DATED MARCH 28, 1958, CITING 34 COMP. GEN. 504. IN THAT DECISION (34 COMP. GEN. 508), IT WAS STATED THAT INACTIVE DUTY TRAINING PAY, RECEIVED SUBSEQUENT TO RELEASE FROM ACTIVE DUTY, WOULD SEEM TO BE "SUBSEQUENT PAYMENTS" WITHIN THE PURVIEW OF 5 U.S.C. 46D, SUBJECT TO BEING DECREASED BY THE ADMINISTRATIVE AGENCY TO SATISFY THE PAYEE'S INDEBTEDNESS WHICH AROSE DURING ACTIVE DUTY. SUCH AIR FORCE ACTION APPEARS TO BE PROPER EVEN THOUGH THE INDEBTEDNESS RESULTED FROM PAYMENTS MADE WHILE THE DEBTOR WAS SERVING IN ANOTHER BRANCH OF THE ARMED FORCES. SEE, IN THIS CONNECTION, DEPARTMENT OF DEFENSE DIRECTIVE NO. 7330.2, NOVEMBER 23, 1955 (PARTICULARLY PARAGRAPH IIIB), UNDER WHICH THE DEPARTMENT OF DEFENSE, RATHER THAN THE DIFFERENT MILITARY DEPARTMENTS WITHIN IT, IS VIEWED AS THE ,DEPARTMENT CONCERNED" WITHIN THE MEANING OF THE ACT OF JUNE 15, 1954.

BY LETTER DATED JUNE 2, 1959, FROM MR. MORNE'S ATTORNEY, THERE WERE TRANSMITTED TWO CASHIER'S CHECKS IN THE AMOUNTS OF $200 AND $250, RESPECTIVELY, AS AN OFFER OF COMPROMISE IN SETTLEMENT OF THE CLAIM. UNDER DATE OF JULY 30, 1959, THE ATTORNEY GENERAL ADVISED THAT THIS OFFER WAS ACCEPTED UNDER HIS COMPROMISE JURISDICTION. ACCORDINGLY, NO FURTHER ACTION IS REQUIRED IN THIS CASE.