B-142867, JUL. 15, 1960

B-142867: Jul 15, 1960

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JAMES: REFERENCE IS MADE TO YOUR LETTER OF APRIL 14. THAT SINCE YOU DID NOT OWE THIS MONEY TO THE MARINE CORPS AND ITS COLLECTION WAS ONLY MADE POSSIBLE DUE TO YOUR EMPLOYMENT BY THE FEDERAL GOVERNMENT YOU ARE NOW FILING FOR THE RETURN OF YOUR MONEY WHICH WAS COLLECTED IN SPITE OF YOUR PROTEST. LETTERS HAVE BEEN RECEIVED FROM THE HONORABLE ALBERT GORE AND THE HONORABLE ESTES KEFAUVER. ALL YOUR MILITARY PAY RECORDS FOR THE PERIOD INVOLVED HAVE BEEN AUDITED AND THE DOCUMENTS PERTAINING TO ALLOTMENTS. CASH AND CHECK PAYMENTS AND COMBAT PAY HAVE BEEN EXAMINED OR VERIFIED TO RECORDS IN CUSTODY OF THIS OFFICE OR THE ADMINISTRATIVE OFFICE. THE RECORDS SHOW THAT YOU WERE CALLED TO EXTENDED ACTIVE DUTY PURSUANT TO YOUR ENLISTMENT IN THE UNITED STATES MARINE CORPS RESERVE AND AFTER BEING WOUNDED IN COMBAT YOU WERE RELEASED FROM ACTIVE DUTY ON SEPTEMBER 30.

B-142867, JUL. 15, 1960

TO MR. JULIUS C. JAMES:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 14, 1960, REQUESTING PAYMENT TO YOU OF $337.50 DEDUCTED UNDER PROVISIONS OF PUBLIC LAW 497, 68 STAT. 482, FROM YOUR SALARY AS A CIVILIAN EMPLOYEE OF THE U.S. ARMY CORPS OF ENGINEERS IN LIQUIDATION OF YOUR INDEBTEDNESS TO THE UNITED STATES WHICH RESULTED FROM AN OVERPAYMENT TO YOU OF BASIC ALLOWANCE FOR QUARTERS IN CONNECTION WITH YOUR ENLISTED SERVICES IN THE UNITED STATES MARINE CORPS RESERVE. YOU STATE, IN EFFECT, THAT SINCE YOU DID NOT OWE THIS MONEY TO THE MARINE CORPS AND ITS COLLECTION WAS ONLY MADE POSSIBLE DUE TO YOUR EMPLOYMENT BY THE FEDERAL GOVERNMENT YOU ARE NOW FILING FOR THE RETURN OF YOUR MONEY WHICH WAS COLLECTED IN SPITE OF YOUR PROTEST.

LETTERS HAVE BEEN RECEIVED FROM THE HONORABLE ALBERT GORE AND THE HONORABLE ESTES KEFAUVER, UNITED STATES, SENATE, IN YOUR BEHALF IN CONNECTION WITH THE MATTER.

ALL YOUR MILITARY PAY RECORDS FOR THE PERIOD INVOLVED HAVE BEEN AUDITED AND THE DOCUMENTS PERTAINING TO ALLOTMENTS, CASH AND CHECK PAYMENTS AND COMBAT PAY HAVE BEEN EXAMINED OR VERIFIED TO RECORDS IN CUSTODY OF THIS OFFICE OR THE ADMINISTRATIVE OFFICE.

THE RECORDS SHOW THAT YOU WERE CALLED TO EXTENDED ACTIVE DUTY PURSUANT TO YOUR ENLISTMENT IN THE UNITED STATES MARINE CORPS RESERVE AND AFTER BEING WOUNDED IN COMBAT YOU WERE RELEASED FROM ACTIVE DUTY ON SEPTEMBER 30, 1951, AND TRANSFERRED TO AN INACTIVE STATUS ON THE TEMPORARY DISABILITY RETIRED LIST EFFECTIVE OCTOBER 1, 1951.

THE RECORDS FURTHER SHOW THAT YOUR INDEBTEDNESS TO THE UNITED STATES AROSE FROM YOUR BEING CREDITED WITH BASIC ALLOWANCE FOR QUARTERS FOR THE PERIOD OF AUGUST 1 TO DECEMBER 31, 1950, FIVE MONTHS AT $67.60 PER MONTH, $337.50, ON MILITARY PAY RECORD OPENED JANUARY 1, 1951. THIS CREDIT WAS PREVIOUSLY ENTERED ON MILITARY PAY RECORD CLOSED ON DECEMBER 31, 1950, RESULTING IN A DOUBLE CREDIT OF THE QUARTERS ALLOWANCE FOR THE PERIOD AUGUST 1 TO DECEMBER 31, 1950, OR AN OVERCREDIT IN YOUR PAY ACCOUNT OF $337.50.

EXCEPTION NO. 306745 DATED JUNE 9, 1953, WAS TAKEN BY THIS OFFICE TO THE OVERPAYMENT. EFFORTS BY THE MARINE CORPS TO EFFECT COLLECTION FROM YOU WERE UNAVAILING AND THE MATTER WAS REFERRED TO THIS OFFICE BY THE MARINE CORPS AS UNCOLLECTIBLE. NUMEROUS OFFICE LETTERS REQUESTING REFUND OF THE OVERPAYMENT REMAINED UNANSWERED BY YOU AND SUBSEQUENTLY COLLECTION WAS REQUESTED THROUGH THE DEPARTMENT OF THE ARMY UNDER THE PROVISIONS OF PUBLIC LAW 497. THE INDEBTEDNESS HAS NOW BEEN LIQUIDATED BY YOUR INSTALLMENT REPAYMENTS.

A STATEMENT OF CREDITS AND DEBITS OF YOUR PAY RECORD FOR THE PERIOD AUGUST 1, 1950, TO DECEMBER 31, 1951, IS AS FOLLOWS:

TABLE

CREDITS

PAY OF SERGEANT, OVER 6 YEARS' SERVICE

AT $139.65, 3 DAYS IN JULY 1950 AND

AUGUST 1, 1950, TO MARCH 26, 1951 $1,112.55

PAY AS SERGEANT, OVER 8 YEARS' SERVICE

AT $147, MARCH 27 TO SEPTEMBER 30, 1951 901.60

SEA AND FOREIGN SERVICE DUTY AT $13,

SEPTEMBER 1, 1950, TO MAY 12, 1951 109.20

SUBSISTENCE, AT $2.25, AUGUST 1, 1950, TO

AUGUST 21, 1950 46.50

BASIC MAINTENANCE CLOTHING MONETARY

ALLOWANCE, AT $4.20, AUGUST 1, 1950, TO

AUGUST 31, 1950 4.20

BASIC MAINTENANCE CLOTHING MONETARY ALLOWANCE

AT $5.10, MAY 12 TO SEPTEMBER 30, 1951 23.63

BASIC ALLOWANCE FOR QUARTERS (WIFE), AT $67.50,

AUGUST 1, 1950, TO SEPTEMBER 30, 1951 945.00

DUPLICATE CREDIT ON PAY RECORD DURING PERIOD

JANUARY 1 TO JUNE 30, 1951, BASIC ALLOWANCE

FOR QUARTERS (WIFE), AT $67.50, PERIOD

AUGUST 1 TO DECEMBER 31, 1950 337.50

LEAVE RATIONS (SICK LEAVE), AT $1.05, JUNE 2

TO JUNE 7, 1951 6.30

TRAVEL ALLOWANCES, WASHINGTON, D.C., TO

NASHVILLE, TENNESSEE, 771 MILES AT $ .06 46.26

LUMP-SUM LEAVE (33 DAYS), BASIC PAY AT $147 161.70

LUMP-SUM LEAVE (33 DAYS), SUBSISTENCE AT $ .70 23.10

TOTAL CREDITS $3,717.54

DEBITS

CLASS N ALLOTMENT AT $6.90, JULY 1, 1950,

TO SEPTEMBER 30, 1951 103.50

CLASS Q ALLOTMENT AT $130, NOVEMBER 1950 TO

SEPTEMBER 1951 1,430.00

PAY FORFEITURE, AWOL, JUNE 24 AND 25, 1951,

TWO DAYS 10.14

PAY FORFEITURE, AWOL, JULY 31 TO AUGUST 15,

1951 81.12

COURT-MARTIAL FORFEITURE 26.67

TAX WITHHELD 98.70

CASH AND CHECK PAYMENTS 1,967.41

TOTAL DEBITS $3,717.54

AMOUNT DUE 3,380.04

OVERPAID $ 337.50

FOR THE PERIOD JULY 1, 1950, TO SEPTEMBER 30, 1951, THE RECORDS

SHOW YOU RECEIVED A TOTAL OF 18 PAYMENTS BY CHECK OR BY CASH AS FOLLOWS:

TABLE P.R. D.O.VOU. D.O.SYM. DATE METHOD OF NO. NO. NO.

PAID PAYMENT AMOUNT ---- -------- -------- ---- --------- ------ 112 364- 51 53-434 8/8/50 CHECK NO.

68436 $ 13.97 125 410-51 53 434 8/15/50 CASH 100.00 62 354 53 479 10/6/50 CASH 350.00 73 387 53 479 11/22/50 CASH 220.00 82 411 53-479 12/17/50 CASH 140.00 91 438

53-479 12/26/50 CASH 200.00 102 463 53-479 1/8/51 CASH 13.00 118 515 53- 479 2/2/51 CASH

210.00 133 553 53-479 3/10/51 CASH 25.00 142 566 53-479 3/17/51 CASH 25.00 4591034 523010 5/4/51 CASH 60.00 103C 17631 523030 5/18/51 CASH

20.00 691 3846 53-328 6/19/51 CHECK NO.

83162 200.00 23 23 53-328 7/5/51 CHECK NO.

86175 45.00 24 2959 53-557 7/20/51 141010 40.00 200 18371 53-557 9/20/51151091 45.00 TA-229 18857B 53-557 9/28/51 152297 46.26 185 2580 53- 478 10/3/51 83815 214.18

$1,967.41

THE RECORDS FURTHER SHOW THAT YOU FILED AN APPLICATION FOR CLASS Q ALLOTMENT ON FEBRUARY 27, 1951, IN THE AMOUNT OF $130 AND DEDUCTIONS WERE MADE RETROACTIVELY TO NOVEMBER 1, 1950, IN ACCORDANCE WITH APPLICABLE LAW. THE FOLLOWING IS A DESCRIPTION OF THE ALLOTMENT CHECKS ISSUED TO YOUR WIFE FOR THE PERIOD FROM NOVEMBER 1950 TO SEPTEMBER 1951:

TABLE MONTH AND YEAR CHECK NO. DATE PAID AMOUNT --------------

--------- --------- ------ NOV. 1950-FEB. 1951 2529104 3/21/51 $ 520 MARCH 1951 372912 3/31/51 130 APRIL 1951 487977 4/30/51 130 MAY 1951 604868

5/31/51 130 JUNE 1951 725154 6/30/51 130 JULY 1951 847288 7/31/51 130 AUGUST 1951 970288 8/31/51130 SEPTEMBER 1951 1094527 9/30/51

130

$1,430

THE RECORDS DISCLOSE FURTHER THAT YOU FILED A CLAIM FOR COMBAT PAY, DD FORM 667, ON SEPTEMBER 18, 1952, FOR THE MONTHS OF SEPTEMBER 1950, AND NOVEMBER 1950 THROUGH JULY 1951; 10 MONTHS AT $45 PER MONTH. THE CLAIM WAS APPROVED AS FILED AND AN ENTRY IN THE AMOUNT OF $447 ($450 LESS CHECK AGE OF $3 FOR TWO DAYS' AWOL, JUNE 24 AND 25, 1951) WAS MADE ON A MILITARY PAY RECORD COVERING COMBAT PAY ONLY. YOU WERE PAID THE ABOVE AMOUNT BY CHECK NO. 562580, AS LISTED ON D.O. VOUCHER 2239-B, OCTOBER 1952 ACCOUNT OF W. W. DAVIDSON, SYMBOL 53-323.

THE OVERPAYMENT IN THIS CASE WAS CLEARLY THE RESULT OF ADMINISTRATIVE ERROR. IT IS REGRETTABLE, OF COURSE, THAT THE ERROR OCCURRED, BUT THAT DOES NOT ALTER THE FACT THAT AN OVERPAYMENT WAS MADE. EXCLUDING THE OVERPAYMENT OF $337.50 RESULTING FROM THE DUPLICATE CREDIT FOR BASIC ALLOWANCE FOR QUARTERS FROM AUGUST 1 THROUGH DECEMBER 31, 1950, THE AUDIT EXAMINATION OF YOUR MILITARY PAY RECORDS AND OTHER DOCUMENTS PERTAINING TO YOUR ACCOUNT REVEALED THAT YOU WERE OTHERWISE PROPERLY PAID AND THAT THE AMOUNT OF THE OVERPAYMENT WAS NEVER ADMINISTRATIVELY COLLECTED. YOUR STATEMENT THAT YOU DID NOT OWE THE MONEY IS NOT CORRECT ACCORDING TO THE OFFICIAL RECORDS.

IT IS CONCLUDED, THEREFORE, THAT THE ACTIONS OF OUR AUDIT DIVISION IN TAKING EXCEPTION TO THE OVERPAYMENT, AND OF OUR CLAIMS DIVISION AND OF THE DEPARTMENT OF THE ARMY IN EFFECTING COLLECTION OF THE OVERPAYMENT UNDER PUBLIC LAW 497, WERE PROPERLY TAKEN AND YOUR CLAIM FOR REFUND OF THE AMOUNT MUST BE DENIED.