B-141503, APR. 8, 1960

B-141503: Apr 8, 1960

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SPOONER: FURTHER REFERENCE IS MADE TO THE MATTER OF YOUR INDEBTEDNESS TO THE UNITED STATES INCIDENT TO YOUR EXTENDED ACTIVE DUTY. AS YOU PREVIOUSLY HAVE BEEN ADVISED. SINCE YOU WERE NOT ON ACTIVE DUTY DURING THE PERIOD FROM FEBRUARY 26. WERE NOT. THE ACTIVE DUTY PAY ADJUSTMENT CREDIT FOR SUCH PERIOD WAS IN ERROR. IN ORDER TO PROPERLY BALANCE YOUR ACCOUNT WE HAVE INVESTIGATED THE DRILL- PAY MATTER. THE RECORDS SHOW THAT YOU WERE ASSIGNED TO HEADQUARTERS AND HEADQUARTERS COMPANY. WHEN YOU WERE TRANSFERRED TO THE 6122D USAR CONTROL GROUP AND THEN. ALTHOUGH YOU APPARENTLY WERE ASSIGNED TO HEADQUARTERS COMPANY. YOU WERE PAID $4.33 FOR A DRILL PERFORMED WITH THAT COMPANY ON SEPTEMBER 9. PHOTOCOPIES OF THE CHECKS COVERING THOSE PAYMENTS ARE ENCLOSED.

B-141503, APR. 8, 1960

TO MR. PATRICK H. SPOONER:

FURTHER REFERENCE IS MADE TO THE MATTER OF YOUR INDEBTEDNESS TO THE UNITED STATES INCIDENT TO YOUR EXTENDED ACTIVE DUTY, FROM NOVEMBER 2, 1955, TO NOVEMBER 1, 1957, AS A MEMBER OF THE ARMY ENLISTED RESERVE.

AS YOU PREVIOUSLY HAVE BEEN ADVISED, THE INDEBTEDNESS RESULTED FROM AN ACTIVE-DUTY PAY ADJUSTMENT FOR THE PERIOD FROM FEBRUARY 26, 1955, THROUGH NOVEMBER 1, 1955. SINCE YOU WERE NOT ON ACTIVE DUTY DURING THE PERIOD FROM FEBRUARY 26, 1955, TO NOVEMBER 1, 1955, AND WERE NOT, THEREFORE, ENTITLED TO ANY ACTIVE-DUTY PAY FOR THAT PERIOD, THE ACTIVE DUTY PAY ADJUSTMENT CREDIT FOR SUCH PERIOD WAS IN ERROR.

IN REVIEWING YOUR CASE AT THE REQUEST OF CONGRESSMAN CHARLES S. GUBSER, WE NOTED YOUR CONTENTION THAT THE ERRONEOUS ACTIVE-DUTY PAY ADJUSTMENT CREDIT REPRESENTED PAY DUE YOU FOR CERTAIN DRILLS PERFORMED BY YOU PRIOR TO NOVEMBER 2, 1955, THE DATE OF YOUR ENTRANCE ON EXTENDED ACTIVE DUTY. IN ORDER TO PROPERLY BALANCE YOUR ACCOUNT WE HAVE INVESTIGATED THE DRILL- PAY MATTER.

THE RECORDS SHOW THAT YOU WERE ASSIGNED TO HEADQUARTERS AND HEADQUARTERS COMPANY, 3D BATTALION, 362D INFANTRY, SANTA ROSA, CALIFORNIA, FROM FEBRUARY 27, 1951, THE DATE OF YOUR ENLISTMENT IN THE ARMY ENLISTED RESERVE, UNTIL OCTOBER 28, 1954, WHEN YOU WERE TRANSFERRED TO THE 6122D USAR CONTROL GROUP AND THEN, IN TURN, TRANSFERRED TO THE 91ST USAR MILITARY POLICE COMPANY, SAN JOSE, CALIFORNIA, EFFECTIVE NOVEMBER 8, 1954. THE RECORDS ALSO SHOW THAT YOU ATTENDED CERTAIN DRILLS OF THE 91ST MILITARY POLICE COMPANY FROM OCTOBER 21, 1953, THROUGH MAY 26, 1954, ALTHOUGH YOU APPARENTLY WERE ASSIGNED TO HEADQUARTERS COMPANY, 362D INFANTRY, DURING THAT PERIOD.

AN EXAMINATION OF THE PERTINENT VOUCHERS DISCLOSES THAT YOU RECEIVED REGULAR PAYMENTS FOR DRILLS PERFORMED BY YOU WITH HEADQUARTERS AND HEADQUARTERS COMPANY, 3D BATTALION, 362D INFANTRY, SANTA ROSA, CALIFORNIA, DURING THE PERIOD FROM FEBRUARY 27, 1951, TO JULY 31, 1953. THEREAFTER, YOU WERE PAID $4.33 FOR A DRILL PERFORMED WITH THAT COMPANY ON SEPTEMBER 9, 1953, AND $4.33 FOR ANOTHER DRILL PERFORMED WITH THAT COMPANY ON AUGUST 25, 1954. PHOTOCOPIES OF THE CHECKS COVERING THOSE PAYMENTS ARE ENCLOSED. PAYMENTS WERE MADE TO YOU FOR DRILLS PERFORMED WITH THE 91ST USAR MILITARY POLICE COMPANY, SAN JOSE, CALIFORNIA, AS FOLLOWS: (1) $12.99 FOR DRILLS PERFORMED ON NOVEMBER 8 AND 24, 1954, AND DECEMBER 8, 1954; (2) $21.66 FOR DRILLS PERFORMED ON JANUARY 12 AND 26, 1955, FEBRUARY 2 AND 9, 1955, AND MARCH 9, 1955; (3) $26.65 FOR DRILLS PERFORMED ON APRIL 20 AND 27, 1955, MAY 4 AND 25, 1955, AND JUNE 8, 1955; AND (4) $37.31 FOR DRILLS PERFORMED ON JULY 13, 20 AND 27, 1955, AND SEPTEMBER 7, 14, 21 AND 28, 1955. PHOTOCOPIES OF THE FOUR CHECKS COVERING SUCH PAYMENTS ALSO ARE ENCLOSED.

THE RESERVE UNIT ATTENDANCE FILES OF THE UNITS TO WHICH YOU WERE ATTACHED OR ASSIGNED DURING THE PERIOD IN QUESTION WERE EXAMINED AND SUCH RECORDS SHOW THAT, IN ADDITION TO THE DRILLS PREVIOUSLY MENTIONED, YOU ATTENDED DRILLS WITH THE 91ST MILITARY POLICE COMPANY, SAN JOSE, CALIFORNIA, AS FOLLOWS: JUNE 9 AND 23, 1954, JULY 28, 1954, SEPTEMBER 8, 1954, AND OCTOBER 13 AND 27, 1954. SINCE NO RECORD HAS BEEN FOUND SHOWING THAT YOU WERE PAID FOR THOSE DRILLS, IT APPEARS THAT YOU ARE ENTITLED TO 6 DAYS' PAY THEREFOR AT $129.95 A MONTH (THE RATE FOR A CORPORAL WITH OVER 2 YEARS OF SERVICE), OR $25.99.

NO RECORD WAS FOUND SHOWING THAT YOU PERFORMED ANY DRILLS DURING THE PERIOD FROM SEPTEMBER 10, 1953, THROUGH JUNE 8, 1954; AND AN EXAMINATION OF YOUR 201 FILE FAILED TO DISCLOSE ANY CORRESPONDENCE SHOWING ANY ATTEMPT TO CORRECT YOUR DRILL RECORD. ON THE BASIS OF THE RECORDS, THEREFORE, $25.99 IS THE FULL AMOUNT DUE YOU FOR DRILLS ATTENDED PRIOR TO YOUR ENTRANCE ON ACTIVE DUTY.

THE AMOUNT OF $25.99 FOUND DUE YOU IS BEING APPLIED AGAINST THE AMOUNT OF YOUR INDEBTEDNESS, THEREBY REDUCING IT FROM $146.06 TO $120.07. WE HAVE NO AUTHORITY TO REMIT OR WAIVE THE RECOVERY OF THE BALANCE OF YOUR INDEBTEDNESS. IF, HOWEVER, YOU ARE NOT ABLE TO LIQUIDATE SUCH INDEBTEDNESS BY ONE PAYMENT, YOU MAY MAKE REGULAR MONTHLY PAYMENTS IN SUCH AMOUNTS AS WILL LIQUIDATE THE INDEBTEDNESS WITHIN A REASONABLE TIME. REMITTANCES SHOULD BE MADE PAYABLE TO "U.S. GENERAL ACCOUNTING OFFICE" AND SHOULD BE MAILED TO U.S. GENERAL ACCOUNTING OFFICE, POST OFFICE BOX 2610, WASHINGTON 13, D.C. THE REFERENCE "DW-Z-2000513-JBB-5" SHOULD BE USED WHEN MAKING PAYMENTS.