B-143829, NOV. 17, 1960

B-143829: Nov 17, 1960

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BRANDT III: REFERENCE IS MADE TO AN UNDATED LETTER WRITTEN IN YOUR BEHALF BY YOUR WIFE TO THE PRESIDENT OF THE UNITED STATES CONCERNING YOUR INDEBTEDNESS INCIDENT TO YOUR ARMY SERVICE FOR THE PERIOD ENDING MARCH 5. WHICH WAS REFERRED TO US FOR APPROPRIATE REPLY. WAS RECEIVED IN OUR OFFICE ON AUGUST 19. THE INDEBTEDNESS IN QUESTION WAS EXPLAINED TO YOU IN DETAIL BY THE DEPARTMENT OF THE ARMY IN A LETTER DATED FEBRUARY 9. SUCH INDEBTEDNESS RESULTED FROM THE FACT THAT ERRONEOUS PAYMENTS WERE MADE TO YOU IN CONNECTION WITH YOUR LEAVE ACCOUNT AND FROM THE FACT THAT THE FULL AMOUNT OF THE OVERPAYMENT SHOWN ON YOUR PAY RECORD CARD CLOSED DECEMBER 31. WAS NOT CARRIED FORWARD FOR COLLECTION ON YOUR PAY RECORD CARD OPENED JANUARY 1.

B-143829, NOV. 17, 1960

TO MR. GUY M. BRANDT III:

REFERENCE IS MADE TO AN UNDATED LETTER WRITTEN IN YOUR BEHALF BY YOUR WIFE TO THE PRESIDENT OF THE UNITED STATES CONCERNING YOUR INDEBTEDNESS INCIDENT TO YOUR ARMY SERVICE FOR THE PERIOD ENDING MARCH 5, 1959. THE LETTER, WHICH WAS REFERRED TO US FOR APPROPRIATE REPLY, WAS RECEIVED IN OUR OFFICE ON AUGUST 19, 1960.

THE INDEBTEDNESS IN QUESTION WAS EXPLAINED TO YOU IN DETAIL BY THE DEPARTMENT OF THE ARMY IN A LETTER DATED FEBRUARY 9, 1960. BRIEFLY, SUCH INDEBTEDNESS RESULTED FROM THE FACT THAT ERRONEOUS PAYMENTS WERE MADE TO YOU IN CONNECTION WITH YOUR LEAVE ACCOUNT AND FROM THE FACT THAT THE FULL AMOUNT OF THE OVERPAYMENT SHOWN ON YOUR PAY RECORD CARD CLOSED DECEMBER 31, 1956, WAS NOT CARRIED FORWARD FOR COLLECTION ON YOUR PAY RECORD CARD OPENED JANUARY 1, 1957. THE INDEBTEDNESS WAS ORIGINALLY COMPUTED BY THE DEPARTMENT OF THE ARMY IN THE AMOUNT OF $369.05, BUT, AFTER A COLLECTION OF $5 HAD BEEN MADE FROM YOU, IT WAS REPORTED TO US FOR COLLECTION IN THE NET AMOUNT OF $364.05. LATER, IT WAS ESTABLISHED THAT YOU HAD PAID THE ADDITIONAL AMOUNT OF $15 TO THE DEPARTMENT OF THE ARMY, REDUCING THE INDEBTEDNESS TO $349.05. FOUR PAYMENTS, EACH IN THE AMOUNT OF $5, MADE TO OUR OFFICE HAVE FURTHER REDUCED THE INDEBTEDNESS TO $329.05.

AFTER THE RECEIPT OF YOUR WIFE'S LETTER, WE OBTAINED A REPORT CONCERNING YOUR CASE FROM OUR DEFENSE ACCOUNTING AND AUDITING DIVISION AND WE ALSO OBTAINED AND EXAMINED YOUR PAY RECORD CARDS FOR THE PERIOD FROM FEBRUARY 2, 1954, TO DECEMBER 31, 1958, AND YOUR MILITARY PAY VOUCHERS FOR THE PERIOD FROM JANUARY 1, 1959, TO MARCH 5, 1959. IT APPEARS FROM SUCH EXAMINATION THAT BY SPECIAL COURT-MARTIAL ORDER NO. 15, DATED AUGUST 23, 1956, YOU WERE SENTENCED TO FORFEIT $60 A MONTH FOR 4 MONTHS, A TOTAL OF $240; THAT BY SPECIAL COURT-MARTIAL ORDER NO. 17, DATED OCTOBER 20, 1956, YOU WERE SENTENCED TO FORFEIT $65 A MONTH FOR 6 MONTHS, A TOTAL OF $390; AND THAT THE SUM OF $630 ($240 PLUS $390) WAS WITHHELD FROM YOUR PAY FOR THE PERIOD FROM SEPTEMBER 11, 1956, THROUGH APRIL 1957. IN OUR DECISION OF MAY 3, 1957, B-130640, 36 COMP. GEN. 755, WE HELD THAT WHEN TWO COURT- MARTIAL SENTENCES DECREE PARTIAL FORFEITURES OF PAY WHICH RUN CONCURRENTLY, THE AMOUNT STATED IN EACH SENTENCE IS FORFEITED ONLY FOR THE SPECIFIED PERIOD MENTIONED IN EACH AND IF THE TOTAL AMOUNT OF FORFEITURES DURING ANY PERIOD THAT THE SENTENCES RUN CONCURRENTLY EXCEEDS THE TWO- THIRDS LIMITATION FIXED BY LAW, ONLY TWO-THIRDS OF THE MEMBER'S PAY IS FORFEITED DURING SUCH PERIOD. AFTER THE CONCURRENT PERIOD HAS EXPIRED, PAY IS FORFEITED UNDER THE ONE REMAINING SENTENCE ONLY AT THE RATE AND FOR THE TIME REMAINING IN THAT SENTENCE. UNDER THE RULE SO STATED, MONTHLY FORFEITURES OF YOUR PAY DURING THE PERIOD INVOLVED COULD NOT EXCEED $71.20, OR TWO-THIRDS OF $106.80 (THE SUM OF YOUR MONTHLY BASIC PAY OF $98.80 AND YOUR MONTHLY FOREIGN SERVICE PAY OF $8). THE ENTRIES ON YOUR PAY ACCOUNT CONCERNING THE TWO COURT-MARTIAL FORFEITURES ARE DATED SEPTEMBER 11 AND OCTOBER 26, 1956, RESPECTIVELY, AND THOSE TWO DATES WILL BE REGARDED AS THE EFFECTIVE DATES OF THE COURT-MARTIAL ORDERS INVOLVED. ON SUCH BASIS, THE SUM WITHHELD FROM YOUR PAY ON ACCOUNT OF THE TWO COURT- MARTIAL FORFEITURES MENTIONED ABOVE SHOULD HAVE BEEN $508.60, AS FOLLOWS: SEPTEMBER 1956, $40; OCTOBER 1956, $70.83; NOVEMBER 1956, $71.20; DECEMBER 1956, $71.20; JANUARY 1957, $71.20; FEBRUARY 1957, $65; MARCH 1957, $65; AND APRIL 1957, $54.17. ACCORDINGLY, THE OVERDEDUCTIONS FROM YOUR PAY ON ACCOUNT OF SUCH COURT-MARTIAL FORFEITURES AMOUNTED TO $121.40 (THE DIFFERENCE BETWEEN $630 AND $508.60) AND YOUR INDEBTEDNESS IS REDUCED BY SUCH AMOUNT FROM $329.05 TO $207.65. IN THIS CONNECTION, YOU ARE ADVISED THAT HENCEFORTH YOUR MONTHLY PAYMENTS IN LIQUIDATION OF SUCH INDEBTEDNESS SHOULD BE BY CHECK OR MONEY ORDER MADE PAYABLE TO "U.S. GENERAL ACCOUNTING OFFICE" AND SENT TO U.S. GENERAL ACCOUNTING OFFICE, POST OFFICE BOX 2610, WASHINGTON 13, D.C., REFERRING TO "Z-2013122.'

IT MAY BE STATED FOR YOUR INFORMATION THAT IN THE REPORT WHICH WE RECEIVED FROM OUR DEFENSE ACCOUNTING AND AUDITING DIVISION IT IS NOTED THAT YOU HAD OVERSEA SERVICE PRIOR TO DISCHARGE ON MARCH 5, 1959, WHICH WOULD ENTITLE YOU TO MUSTERING-OUT PAY IN THE AMOUNT OF $100 IN ADDITION TO THE CREDIT OF $200 FOR MUSTERING-OUT PAY ENTERED ON YOUR MILITARY PAY RECORD CLOSED ON DECEMBER 31, 1954. IF YOU HAVE NOT RECEIVED SUCH ADDITIONAL MUSTERING-OUT PAYMENT OF $100, YOU MAY SUBMIT CLAIM THEREFOR TO "SETTLEMENTS OPERATIONS, FINANCE CENTER, U.S. ARMY, INDIANAPOLIS 49, INDIANA.' IT IS PROVIDED BY LAW THAT MUSTERING-OUT PAYMENTS ARE NOT ASSIGNABLE AND THAT THEY ARE EXEMPT FROM CLAIMS OF CREDITORS (INCLUDING ANY CLAIM OF THE UNITED STATES).