B-148494, JUN. 27, 1962

B-148494: Jun 27, 1962

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

JAGC: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 21. WHICH WAS THE SUBJECT OF GENERAL ACCOUNTING OFFICE NOTICE OF EXCEPTION NO. 904709. THE UNITED STATES COURT OF CLAIMS HELD IN THE DOWLING CASE THAT AN OFFICER OF THE AIR FORCE RESERVE SERVING ON ACTIVE DUTY AS A TEMPORARY OFFICER IN THE AIR FORCE OF THE UNITED STATES WAS ENTITLED UNDER SECTION 501 (A) OF THE VETERANS' READJUSTMENT ASSISTANCE ACT OF 1952. TO A MUSTERING-OUT PAYMENT IN 1954 WHEN HIS STATUS AS A RESERVE OFFICER WAS TERMINATED UPON APPOINTMENT AS AN OFFICER IN THE REGULAR AIR FORCE. WE HAVE DECIDED TO FOLLOW THE HOLDING IN THE DOWLING CASE. IT APPEARS THAT THE HOLDING IN THE DOWLING DECISION IS APPLICABLE IN YOUR CASE AND THEREFORE IT IS SUGGESTED THAT YOU PRESENT YOUR CLAIM FOR THE AMOUNT INVOLVED THROUGH ARMY CHANNELS WITH A COPY OF THIS LETTER ATTACHED THERETO.

B-148494, JUN. 27, 1962

TO CAPTAIN GEORGE W. HARRELL, JR., JAGC:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 21, 1962, REQUESTING RECONSIDERATION OF THE DETERMINATION MADE BY OUR CLAIMS DIVISION IN LETTER OF JANUARY 4, 1961, OF THE VALIDITY OF YOUR INDEBTEDNESS TO THE UNITED STATES IN THE SUM OF $300, ON ACCOUNT OF UNAUTHORIZED PAYMENT BY THE ARMY OF MUSTERING-OUT PAY, WHICH WAS THE SUBJECT OF GENERAL ACCOUNTING OFFICE NOTICE OF EXCEPTION NO. 904709, DATED AUGUST 29, 1958. YOU ADVISE THAT THE AMOUNT INVOLVED HAS BEEN REPAID TO THE GOVERNMENT BY VOLUNTARY PAY STOPPAGE AND CITE THE CASE OF DOWLING V. UNITED STATES, CT.CL.NO. 174-60, DECIDED FEBRUARY 7, 1962, IN SUPPORT OF YOUR REQUEST.

THE UNITED STATES COURT OF CLAIMS HELD IN THE DOWLING CASE THAT AN OFFICER OF THE AIR FORCE RESERVE SERVING ON ACTIVE DUTY AS A TEMPORARY OFFICER IN THE AIR FORCE OF THE UNITED STATES WAS ENTITLED UNDER SECTION 501 (A) OF THE VETERANS' READJUSTMENT ASSISTANCE ACT OF 1952, 66 STAT. 688, 38 U.S.C. 1011 (1952 ED.), TO A MUSTERING-OUT PAYMENT IN 1954 WHEN HIS STATUS AS A RESERVE OFFICER WAS TERMINATED UPON APPOINTMENT AS AN OFFICER IN THE REGULAR AIR FORCE.

WE HAVE DECIDED TO FOLLOW THE HOLDING IN THE DOWLING CASE. SEE DECISION OF JUNE 21, 1962, TO THE SECRETARY OF DEFENSE, B-139107, 41 COMP. GEN. - . IT APPEARS THAT THE HOLDING IN THE DOWLING DECISION IS APPLICABLE IN YOUR CASE AND THEREFORE IT IS SUGGESTED THAT YOU PRESENT YOUR CLAIM FOR THE AMOUNT INVOLVED THROUGH ARMY CHANNELS WITH A COPY OF THIS LETTER ATTACHED THERETO.