B-151136, JUN. 26, 1963

B-151136: Jun 26, 1963

Additional Materials:

Contact:

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

 

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

MILNE: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 15. WHICH WAS SET OFF BY THE DEPARTMENT OF THE ARMY AGAINST YOUR FINAL PAY AND ALLOWANCES IN PARTIAL LIQUIDATION OF SUCH INDEBTEDNESS. WHICH WERE APPROVED BY HIGHER AUTHORITY ON JANUARY 3. YOU WERE HELD PECUNIARILY LIABLE IN THE AMOUNT OF $535.37. THE NET AMOUNT OF $134.98 WAS DEDUCTED FROM YOUR PAY AND APPLIED BY THE DEPARTMENT OF THE ARMY TO YOUR INDEBTEDNESS. IT WAS DETERMINED THAT THE ACTUAL COST OF REPAIRS TO THE DAMAGED BUILDING AND REPLACEMENT OF WINDOW SHADES AGGREGATED $1. THE DEPARTMENT OF THE ARMY NOTIFIED YOU THAT THE ORIGINAL AMOUNT OF YOUR INDEBTEDNESS WAS REESTABLISHED AS $575.37. INASMUCH AS FURTHER EFFORTS BY THE DEPARTMENT OF THE ARMY TO COLLECT THE BALANCE WERE UNSUCCESSFUL.

B-151136, JUN. 26, 1963

TO MR. THOMAS W. MILNE:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 15, 1963, PROTESTING YOUR INDEBTEDNESS TO THE UNITED STATES, IN THE AMOUNT OF $440.39, ON ACCOUNT OF THE COST OF REPAIR AND REPLACEMENT OF DAMAGED GOVERNMENT PROPERTY, AND CLAIMING THE AMOUNT OF $134.98, WHICH WAS SET OFF BY THE DEPARTMENT OF THE ARMY AGAINST YOUR FINAL PAY AND ALLOWANCES IN PARTIAL LIQUIDATION OF SUCH INDEBTEDNESS.

OUR FILE SHOWS THAT PURSUANT TO THE FINDINGS AND RECOMMENDATIONS OF A BOARD OF OFFICERS CONVENED AT FORT LEWIS, WASHINGTON, ON OCTOBER 24, 1960, AS CONTAINED IN THEIR REPORT OF PROCEEDINGS, DATED OCTOBER 27, 1960, WHICH WERE APPROVED BY HIGHER AUTHORITY ON JANUARY 3, 1961, YOU WERE HELD PECUNIARILY LIABLE IN THE AMOUNT OF $535.37, REPRESENTING A ONE-THIRD SHARE OF THE ESTIMATED DAMAGE OF $1,606.11 TO GOVERNMENT PROPERTY CAUSED BY AN EXPLOSION IN BUILDING 3286-P, FORT LEWIS, WASHINGTON, ON SEPTEMBER 11, 1960. UNDER GOVERNING PROCEDURES, THE NET AMOUNT OF $134.98 WAS DEDUCTED FROM YOUR PAY AND APPLIED BY THE DEPARTMENT OF THE ARMY TO YOUR INDEBTEDNESS, LEAVING A BALANCE OF $400.39 DUE THE UNITED STATES. HOWEVER, SUBSEQUENT TO YOUR DISCHARGE, IT WAS DETERMINED THAT THE ACTUAL COST OF REPAIRS TO THE DAMAGED BUILDING AND REPLACEMENT OF WINDOW SHADES AGGREGATED $1,726.11. ACCORDINGLY, ON APRIL 3, 1961, THE DEPARTMENT OF THE ARMY NOTIFIED YOU THAT THE ORIGINAL AMOUNT OF YOUR INDEBTEDNESS WAS REESTABLISHED AS $575.37, OR ONE-THIRD OF $1,726.11.

INASMUCH AS FURTHER EFFORTS BY THE DEPARTMENT OF THE ARMY TO COLLECT THE BALANCE WERE UNSUCCESSFUL, THE MATTER WAS REFERRED TO OUR OFFICE FOR APPROPRIATE COLLECTION PROCEEDINGS. APPARENTLY YOU HAVE DECLINED TO PAY THE AMOUNT INVOLVED ON THE GROUND THAT PRIOR TO OCTOBER 27, 1960, THE DATE OF THE REPORT OF PROCEEDINGS OF THE BOARD OF OFFICERS, YOU WERE FOUND NOT GUILTY IN A GENERAL COURT-MARTIAL PROCEEDING ON THE CHARGE OF HAVING WILLFULLY DAMAGED BUILDING 3286-P, FORT LEWIS, WASHINGTON, AND THEREFORE, YOU SHOULD NOT BE HELD LIABLE FOR A SHARE OF THE COST OF THE REPAIR AND REPLACEMENT OF THE DAMAGED GOVERNMENT PROPERTY. ALSO, IN YOUR LETTER OF FEBRUARY 15, 1963, YOU ASSERT THAT THE EVIDENCE SUPPORTING THE DETERMINATION OF YOUR LIABILITY WAS SUBSEQUENTLY FOUND IN THE COURT- MARTIAL PROCEEDING TO BE FRAUDULENT. IN ADDITION, YOU SAY THAT THE REPORT OF SURVEY WAS NOT APPROVED UNTIL APRIL 3, 1961, YET THE AMOUNT OF $134.98 WAS COLLECTED IN DECEMBER 1960.

THE DETERMINATION OF YOUR RESPONSIBILITY FOR PART OF THE DAMAGES INVOLVED WAS MADE BY A DULY QUALIFIED AND CONVENED BOARD OF OFFICERS UNDER REGULATIONS BASED ON THE PROVISIONS OF 10 U.S.C. 4835, WHICH READ AS FOLLOWS:

"/A) UNDER SUCH REGULATIONS AS THE SECRETARY OF THE ARMY MAY PRESCRIBE, ANY OFFICER OF THE ARMY DESIGNATED BY HIM MAY ACT UPON REPORTS OF SURVEYS AND VOUCHERS PERTAINING TO THE LOSS, SPOILAGE, UNSERVICEABILITY, UNSUITABILITY, OR DESTRUCTION OF OR DAMAGE TO PROPERTY OF THE UNITED STATES UNDER THE CONTROL OF THE DEPARTMENT OF THE ARMY.

"/B) ACTION TAKEN UNDER SUBSECTION (A) IS FINAL, EXCEPT THAT ACTION HOLDING A PERSON PECUNIARILY LIABLE FOR LOSS, SPOILAGE, DESTRUCTION, OR DAMAGE IS NOT FINAL UNTIL APPROVED BY THE SECRETARY OR AN OFFICER OF THE ARMY DESIGNATED BY HIM.'

THE DETERMINATION MADE IN YOUR CASE, WHICH WAS APPROVED BY A DESIGNATED REPRESENTATIVE OF THE SECRETARY OF THE ARMY, IS NOT SUBJECT TO REVIEW BY OUR OFFICE. ANY APPEAL OR REQUEST FOR RECONSIDERATION OF THAT DETERMINATION IS FOR CONSIDERATION BY THE DEPARTMENT OF THE ARMY. SEE ARMY REGULATIONS NO. 735-11.

OUR OFFICE HAS NO ALTERNATIVE BUT TO ACCEPT THE DETERMINATION MADE BY THE BOARD OF OFFICERS, AS APPROVED BY THE DESIGNATED REPRESENTATIVE OF THE SECRETARY OF THE ARMY, AND TO TAKE SUCH FURTHER ACTION AS MAY BE NECESSARY TO COLLECT THE BALANCE OF $440.39 DUE THE UNITED STATES. WE ARE VESTED WITH NO STATUTORY AUTHORITY TO RELIEVE YOU OF LIABILITY OR TO WAIVE COLLECTION PROCEEDINGS. ACCORDINGLY, YOU ARE AGAIN REQUESTED TO REMIT THE BALANCE DUE. IF YOU ARE UNABLE TO PAY THE AMOUNT INVOLVED BY ONE PAYMENT, YOU SHOULD SUBMIT AN INITIAL PAYMENT TOGETHER WITH A DEFINITE PLAN FOR PAYMENT OF THE BALANCE IN MONTHLY INSTALLMENTS WHICH SHOULD BE IN SUFFICIENT AMOUNTS TO LIQUIDATE YOUR INDEBTEDNESS WITHIN A REASONABLE LENGTH OF TIME. PAYMENTS UNDER SUCH AN ARRANGEMENT SHOULD BE IN THE FORM OF BANK DRAFTS, CHECKS, OR MONEY ORDERS AND MADE PAYABLE TO ,U.S. GENERAL ACCOUNTING OFFICE" AND FORWARDED TO U.S. GENERAL ACCOUNTING OFFICE, CLAIMS DIVISION, INDIANAPOLIS 49, INDIANA. THE REFERENCE "Z2-150-499" SHOULD BE SHOWN IN CONNECTION WITH EACH REMITTANCE.

Sep 27, 2016

Sep 22, 2016

Sep 21, 2016

Sep 20, 2016

Looking for more? Browse all our products here