B-143293, AUG. 4, 1960

B-143293: Aug 4, 1960

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BRUCE ARNOLD: REFERENCE IS MADE TO YOUR LETTER OF MAY 10. YOU WERE ORDERED TO ACTIVE DUTY AND DIRECTED TO PROCEED TO FORT BENJAMIN HARRISON. UPON COMPLETION OF THE COURSE YOU WERE ASSIGNED TO FORT BENJAMIN HARRISON. SHOWS YOU WERE PAID $85.50 AS A DISLOCATION ALLOWANCE. AN EXCEPTION WAS TAKEN TO THIS PAYMENT BY OUR DEFENSE ACCOUNTING AND AUDITING DIVISION FOR THE REASON THAT FORT BENJAMIN HARRISON. WAS YOUR FIRST PERMANENT DUTY STATION SUBSEQUENT TO ENTERING ON ACTIVE DUTY ON AUGUST 24. THE REASONS FOR YOUR INDEBTEDNESS AND THE APPLICABLE LAW AND REGULATIONS WERE EXPLAINED IN OUR LETTERS OF FEBRUARY 29 AND APRIL 21. WAS YOUR FIRST PERMANENT DUTY STATION AS AN OFFICER AND THAT FORT BENJAMIN HARRISON.

B-143293, AUG. 4, 1960

TO MR. BRUCE ARNOLD:

REFERENCE IS MADE TO YOUR LETTER OF MAY 10, 1960, CONCERNING YOUR INDEBTEDNESS IN THE SUM OF $85.50, INCIDENT TO YOUR SERVICE AS A RESERVE COMMISSIONED OFFICER OF THE ARMY. THE INDEBTEDNESS REPRESENTS THE AMOUNT OF DISLOCATION ALLOWANCE PAID TO YOU IN CONNECTION WITH YOUR FIRST PERMANENT DUTY ASSIGNMENT SUBSEQUENT TO ENTERING ON ACTIVE DUTY AT FORT BENJAMIN HARRISON, INDIANA.

BY PARAGRAPH 23, SPECIAL ORDERS NO. 116, DEPARTMENT OF THE ARMY, WASHINGTON, D.C., DATED JUNE 12, 1956, YOU WERE ORDERED TO ACTIVE DUTY AND DIRECTED TO PROCEED TO FORT BENJAMIN HARRISON, INDIANA, REPORTING NOT LATER THAN AUGUST 25, 1956, TO ATTEND A COURSE OF INSTRUCTION IN A STATUS OF TEMPORARY DUTY PENDING FURTHER ORDERS. UPON COMPLETION OF THE COURSE YOU WERE ASSIGNED TO FORT BENJAMIN HARRISON, INDIANA, A PERMANENT CHANGE OF STATION. YOUR PAY RECORD FOR THE PERIOD BEGINNING JANUARY 1, 1957, SHOWS YOU WERE PAID $85.50 AS A DISLOCATION ALLOWANCE. AN EXCEPTION WAS TAKEN TO THIS PAYMENT BY OUR DEFENSE ACCOUNTING AND AUDITING DIVISION FOR THE REASON THAT FORT BENJAMIN HARRISON, INDIANA, WAS YOUR FIRST PERMANENT DUTY STATION SUBSEQUENT TO ENTERING ON ACTIVE DUTY ON AUGUST 24, 1956, AND PARAGRAPH 9003-3 OF THE JOINT TRAVEL REGULATIONS PROHIBITS PAYMENT OF DISLOCATION ALLOWANCE INCIDENT TO TRAVEL PERFORMED TO THE FIRST PERMANENT DUTY STATION UPON ENTRY INTO SERVICE. THE REASONS FOR YOUR INDEBTEDNESS AND THE APPLICABLE LAW AND REGULATIONS WERE EXPLAINED IN OUR LETTERS OF FEBRUARY 29 AND APRIL 21, 1960, AND NEED NOT BE RESTATED HERE. HOWEVER, IT NOW APPEARS TO BE YOUR VIEW THAT CHICAGO, ILLINOIS, WAS YOUR FIRST PERMANENT DUTY STATION AS AN OFFICER AND THAT FORT BENJAMIN HARRISON, INDIANA, WAS YOUR SECOND PERMANENT DUTY STATION. THEREFORE, YOU BELIEVE YOU WERE ENTITLED TO TRANSPORTATION OF DEPENDENTS AND DISLOCATION ALLOWANCE FROM CHICAGO, ILLINOIS, TO FORT BENJAMIN HARRISON, INDIANA.

PAY AND ALLOWANCES OF COMMISSIONED OFFICERS COMMENCE ON THE DAY THEY OFFICIALLY AND NECESSARILY BEGIN TO COMPLY WITH ORDERS CALLING THEM TO ACTIVE DUTY. IN YOUR ACTIVE DUTY ORDERS OF JUNE 12, 1956, IT IS STATED THAT DATE OF RANK WILL BE DETERMINED AT THE INDIVIDUAL'S FIRST DUTY STATION AND APPROPRIATE ENTRIES MADE ON PERSONNEL RECORDS. BY FIRST ENDORSEMENT DATED DECEMBER 8, 1959, THE ADJUTANT GENERAL, UNITED STATES ARMY, REPORTED TO US THAT PERSONNEL RECORDS SHOW YOU ENTERED ON ACTIVE DUTY AS A COMMISSIONED OFFICER ON AUGUST 24, 1956, AT FORT BENJAMIN HARRISON, INDIANA. THIS IS SUBSTANTIATED BY YOUR PAY RECORD FOR THE SIX- MONTH PERIOD CLOSED DECEMBER 1956 WHICH SHOWS YOU WERE CREDITED WITH PAY AND ALLOWANCES OF A SECOND LIEUTENANT BEGINNING ON AUGUST 24, 1956. HENCE, THE OFFICIAL ARMY RECORDS SHOW THAT FORT BENJAMIN HARRISON AND NOT CHICAGO, ILLINOIS, WAS YOUR FIRST PERMANENT DUTY STATION. THEREFORE, UNDER THOSE CIRCUMSTANCES, PAYMENT OF DISLOCATION ALLOWANCE WAS NOT AUTHORIZED AND REFUND OF SUCH PAYMENT MUST BE MADE. IT IS WELL SETTLED THAT, IN THE ABSENCE OF A STATUTE SO PROVIDING, PERSONS WHO RECEIVE ERRONEOUS PAYMENTS FROM THE UNITED STATES THROUGH ADMINISTRATIVE ERROR OF ITS OFFICERS MUST RETURN THEM TO THE UNITED STATES. ROBERTSON V. SICHEL, 127 U.S. 507; UNITED STATES V. NORTHWESTERN NATIONAL BANK AND TRUST COMPANY OF MINNEAPOLIS, 35F.SUPP. 484, 486; WISCONSIN CENTRAL RAILROAD V. UNITED STATES 164 U.S. 190; UNITED STATES V. BENTLEY, 107 F.2D 382, 384.

ACCORDINGLY, WE HAVE NO CHOICE BUT TO REAFFIRM OUR PREVIOUS ACTION IN THE MATTER. YOU ARE AGAIN REQUESTED TO REMIT THE SUM OF $85.50 WHICH SHOULD BE MADE PAYABLE TO THE "U.S. GENERAL ACCOUNTING OFFICE," AND SHOULD BE ADDRESSED TO THE U.S. GENERAL ACCOUNTING OFFICE, BOX 2610, WASHINGTON 13, D.C. ..END :