B-151189, APR. 19, 1963

B-151189: Apr 19, 1963

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HUNT: REFERENCE IS MADE TO YOUR LETTER OF MARCH 24. AS YOU ARE NO DOUBT AWARE. IT IS NOT ALWAYS POSSIBLE ON THE ACTUAL DATE OF SEPARATION OR DISCHARGE FROM THE ARMED FORCES. IN MANY INSTANCES IT IS NECESSARY AT SOME LATER DATE TO ISSUE A FINAL STATEMENT OF ACCOUNT AND OCCASIONALLY SOME CREDIT OR DEBIT ITEMS OR BOTH. NOT PREVIOUSLY ADJUSTED HAVE TO BE ENTERED TO DETERMINE THE FINAL CLOSING BALANCE OF THE ACCOUNT. IN THOSE CASES WHERE A NET AMOUNT IS FOUND DUE THE FORMER SERVICE MAN. THAT AMOUNT IS REFUNDED TO HIM AND IN OTHER INSTANCES. IT IS FOUND THAT THE TOTAL DEBITS EXCEED THE TOTAL CREDITS. SUCH FINAL CLOSING BALANCE SHOWS THAT YOU WERE OVERPAID IN THE NET AMOUNT OF $121.69. THIS STATEMENT OF YOUR MILITARY PAY AND ALLOWANCE ACCOUNT IS BASED ON THE COPIES OF YOUR MILITARY PAY RECORDS COVERING THE PERIOD FEBRUARY 3.

B-151189, APR. 19, 1963

TO MR. ROBERT W. HUNT:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 24, 1963, REQUESTING RECONSIDERATION OF THE ACTION TAKEN IN GENERAL ACCOUNTING OFFICE SETTLEMENT DATED MARCH 14, 1963. THAT SETTLEMENT CONTAINED A STATEMENT OF YOUR MILITARY PAY AND ALLOWANCE ACCOUNT SHOWING THE DEBIT AND CREDIT ITEMS THEREIN.

AS YOU ARE NO DOUBT AWARE, IT IS NOT ALWAYS POSSIBLE ON THE ACTUAL DATE OF SEPARATION OR DISCHARGE FROM THE ARMED FORCES, PARTICULARLY IN A CASE FOLLOWING A LONG PERIOD OF ACTIVE DUTY SUCH AS YOURS, TO ASCERTAIN AND STATE ACCURATELY A FINAL CLOSING BALANCE IN THE MILITARY PAY AND ALLOWANCE ACCOUNT OF THE INDIVIDUAL CONCERNED. THUS, IN MANY INSTANCES IT IS NECESSARY AT SOME LATER DATE TO ISSUE A FINAL STATEMENT OF ACCOUNT AND OCCASIONALLY SOME CREDIT OR DEBIT ITEMS OR BOTH, AS HAS HAPPENED IN YOUR CASE, NOT PREVIOUSLY ADJUSTED HAVE TO BE ENTERED TO DETERMINE THE FINAL CLOSING BALANCE OF THE ACCOUNT. IN THOSE CASES WHERE A NET AMOUNT IS FOUND DUE THE FORMER SERVICE MAN, THAT AMOUNT IS REFUNDED TO HIM AND IN OTHER INSTANCES, LIKE YOURS, IT IS FOUND THAT THE TOTAL DEBITS EXCEED THE TOTAL CREDITS.

IN YOUR CASE THE CREDITS AND DEBITS SET FORTH IN THE SETTLEMENT OF MARCH 14, 1963, REFLECT THE CORRECT FINAL CLOSING BALANCE IN YOUR MILITARY PAY AND ALLOWANCE ACCOUNT AS AN ENLISTED MEMBER OF THE REGULAR ARMY AS OF THE DATE OF YOUR DISCHARGE FROM THE SERVICE ON JULY 25, 1959. SUCH FINAL CLOSING BALANCE SHOWS THAT YOU WERE OVERPAID IN THE NET AMOUNT OF $121.69. THAT FIGURE ($121.69) REFLECTS THE CURRENT CREDIT AND DEBIT ITEMS PROPERLY ENTERED IN YOUR PAY ACCOUNT FOR THE PERIOD JULY 1 TO 25, 1959, INCLUSIVE, PLUS THE BALANCE BROUGHT FORWARD FROM YOUR PRECEDING MILITARY PAY RECORD CLOSED ON JUNE 30, 1959, WITH SEVERAL MINOR ADJUSTMENT ENTRIES AS THEREIN EXPLAINED. THIS STATEMENT OF YOUR MILITARY PAY AND ALLOWANCE ACCOUNT IS BASED ON THE COPIES OF YOUR MILITARY PAY RECORDS COVERING THE PERIOD FEBRUARY 3, 1950, TO JULY 25, 1959, INCLUSIVE, COPIES OF YOUR LEAVE RECORDS AND COPIES OF YOUR ALLOTMENT AUTHORIZATIONS AS FURNISHED TO US BY THE DEPARTMENT OF THE ARMY.

IN CONNECTION WITH THE OTHER MATTERS MENTIONED IN YOUR CLAIM FOR A SUM APPROXIMATING $66,307 (REPRESENTING PAY AND ALLOWANCES AFTER THE DATE OF YOUR DISCHARGE AND AMOUNTS ALLEGED TO BE DUE BECAUSE OF YOUR BELIEF THAT YOUR DISCHARGE WAS IMPROPER), THE JURISDICTION OF OUR OFFICE WITH RESPECT TO ANY MILITARY PAY AND ALLOWANCES BELIEVED DUE YOU CANNOT EXTEND BEYOND JULY 25, 1959, THE ACTUAL DATE OF YOUR DISCHARGE AND SEPARATION FROM THE REGULAR ARMY. SINCE YOUR MILITARY STATUS WAS TERMINATED ON THAT DATE, THERE IS NO LEGAL BASIS FOR THIS OFFICE TO AUTHORIZE THE PAYMENT TO YOU OF ANY MILITARY PAY AND ALLOWANCES FOR ANY PERIOD SUBSEQUENT TO JULY 25, 1959.

THIS OFFICE ALSO IS WITHOUT JURISDICTION WITH RESPECT TO REMAINDER OF YOUR CLAIM RELATING TO YOUR DISCHARGE FROM THE REGULAR ARMY ON JULY 25, 1959, AND IN THE ABSENCE OF A JUDICIAL DETERMINATION THAT YOU ARE ENTITLED TO THE DAMAGES SOUGHT AS A RESULT OF SUCH DISCHARGE, THIS OFFICE MAY NOT AUTHORIZE THE USE OF PUBLIC FUNDS FOR SUCH A PURPOSE. IN THAT CONNECTION THE UNITED STATES COURT OF CLAIMS IS VESTED WITH JURISDICTION TO ENTERTAIN CERTAIN SUITS AGAINST THE UNITED STATES AS PROVIDED IN 28 U.S.C. 1491, QUOTED BELOW IN PERTINENT PART:

"THE COURT OF CLAIMS SHALL BE JURISDICTION TO RENDER JUDGMENT UPON ANY CLAIM AGAINST THE UNITED STATES FOUNDED EITHER UPON THE CONSTITUTION, OR ANY ACT OF CONGRESS, OR ANY REGULATION OF AN EXECUTIVE DEPARTMENT, OR UPON ANY EXPRESS OR IMPLIED CONTRACT WITH THE UNITED STATES, OR FOR LIQUIDATED OR UNLIQUIDATED DAMAGES IN CASES NOT SOUNDING IN TORT.'