B-152191, OCT. 4, 1963

B-152191: Oct 4, 1963

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JR.: REFERENCE IS MADE TO YOUR LETTER DATED MAY 25. WHICH ENDORSEMENT WAS SIGNED BY YOU. YOU WERE DIRECTED TO STAND DETACHED FROM YOUR DUTY STATION EFFECTIVE APRIL 10. UPON ADMINISTRATIVE REVIEW BY HEADQUARTERS UNITED STATES MARINE CORPS IT WAS DETERMINED THAT SINCE YOUR ORDERS AS ENDORSED SPECIFIED DETACHMENT FROM DUTIES AT THE OLD STATION ON APRIL 10. YOUR STATUS DURING THE INTERIM AND PRIOR TO THE NEED FOR DEPARTURE FROM YOUR OLD DUTY STATION TO ARRIVE AT YOKOHAMA FOR TRANSPORTATION WAS THAT OF A MEMBER ON LEAVE. IT WAS DETERMINED THAT THE UNUSED LEAVE STANDING TO YOUR CREDIT AT THE TIME OF YOUR DISCHARGE FROM THE NAVAL SERVICE SHOULD HAVE BEEN REDUCED BY 17 DAYS TO REFLECT THE FACT THAT YOU WERE ON LEAVE DURING THE PERIOD FROM APRIL 11 TO 27.

B-152191, OCT. 4, 1963

TO MR. MARTIN J. MARREN, JR.:

REFERENCE IS MADE TO YOUR LETTER DATED MAY 25, 1963, CONCERNING YOUR INDEBTEDNESS TO THE UNITED STATES IN THE SUM OF $506.91 REPRESENTING ERRONEOUS PAYMENTS FOR UNUSED LEAVE AND PER DIEM WHICH YOU RECEIVED INCIDENT TO YOUR ACTIVE SERVICE IN THE UNITED STATES MARINE CORPS.

THE RECORD SHOWS THAT GROUP SPECIAL ORDER NUMBER 17-61, DATED FEBRUARY 1, 1961, ISSUED BY HEADQUARTERS, MARINE AIRCRAFT GROUP 12, 1ST MARINE AIRCRAFT WING, AIRCRAFT, FMF, PACIFIC, DIRECTED THAT YOU PROCEED ON PERMANENT CHANGE OF STATION DURING APRIL 1961, FROM YOUR DUTY ASSIGNMENT WITH MARINE ATTACK SQUADRON 121, APPARENTLY AT THE NAVAL AIR STATION, ATSUGI, JAPAN, TO THE CONTINENTAL UNITED STATES FOR FURTHER TRANSFER TO THE MARINE CORPS AUXILIARY AIR STATION AT YUMA, ARIZONA. THE ORDERS AUTHORIZED DELAY OF 30 DAYS EN ROUTE PRIOR TO REPORTING FOR DUTY. FIRST ENDORSEMENT DATED MARCH 22, 1961, TO THOSE ORDERS, ISSUED BY THE COMMANDING OFFICER, MARINE ATTACK SQUADRON - 121, WHICH ENDORSEMENT WAS SIGNED BY YOU, YOU WERE DIRECTED TO STAND DETACHED FROM YOUR DUTY STATION EFFECTIVE APRIL 10, 1961, AND REPORT TO YOKOHAMA, JAPAN, ON APRIL 28, 1961, FOR SURFACE TRANSPORTATION TO THE UNITED STATES. THE ENDORSEMENT PROVIDED THAT THE 30 DAY DELAY WOULD BE CHARGEABLE AS LEAVE.

UPON ADMINISTRATIVE REVIEW BY HEADQUARTERS UNITED STATES MARINE CORPS IT WAS DETERMINED THAT SINCE YOUR ORDERS AS ENDORSED SPECIFIED DETACHMENT FROM DUTIES AT THE OLD STATION ON APRIL 10, 1961, AND DIRECTED THAT YOU REPORT FOR TRANSPORTATION AT YOKOHAMA ON APRIL 28, YOUR STATUS DURING THE INTERIM AND PRIOR TO THE NEED FOR DEPARTURE FROM YOUR OLD DUTY STATION TO ARRIVE AT YOKOHAMA FOR TRANSPORTATION WAS THAT OF A MEMBER ON LEAVE. ACCORDINGLY, IT WAS DETERMINED THAT THE UNUSED LEAVE STANDING TO YOUR CREDIT AT THE TIME OF YOUR DISCHARGE FROM THE NAVAL SERVICE SHOULD HAVE BEEN REDUCED BY 17 DAYS TO REFLECT THE FACT THAT YOU WERE ON LEAVE DURING THE PERIOD FROM APRIL 11 TO 27, 1961. YOU WERE ADVISED BY THE MARINE CORPS, THEREFORE, THAT YOU WERE ERRONEOUSLY PAID $357.27 AS PAY AND ALLOWANCES FOR SUCH 17 DAYS UPON YOUR DISCHARGE, AND THAT SINCE THERE IS NO AUTHORITY TO PAY PER DIEM FOR PERIODS OF LEAVE, THE $180 YOU RECEIVED AS PER DIEM WITHIN THAT PERIOD ALSO WAS AN IMPROPER PAYMENT TO YOU. YOU WERE ASKED, THEREFORE, TO REPAY TO THE GOVERNMENT THOSE ERRONEOUSLY PAID SUMS, PLUS A $1.80 OVERPAYMENT OF PER DIEM FOR APRIL 28, 1961, IN THE TOTAL AMOUNT OF $539.07. AGAINST THIS INDEBTEDNESS, THERE WAS ADMINISTRATIVELY ALLOWED THE SUM OF $32.16 DUE YOU ON ACCOUNT OF YOUR OWN TRAVEL AND YOUR DEPENDENTS' TRAVEL FROM YUMA, ARIZONA, TO ORANGE, NEW JERSEY. THIS REDUCED YOUR INDEBTEDNESS TO THE SUM OF $506.91.

BY LETTER DATED SEPTEMBER 14, 1962, THE UNITED STATES MARINE CORPS REFERRED THE MATTER OF YOUR INDEBTEDNESS TO THIS OFFICE FOR COLLECTION. BY LETTER OF FEBRUARY 21, 1963, COPY HEREWITH, THE DEBT SECTION OF OUR CLAIMS DIVISION CAREFULLY CONSIDERED THE MATTER OF YOUR INDEBTEDNESS AND CONCLUDED THAT THE ADMINISTRATIVE ACTION TAKEN IN YOUR CASE WAS CORRECT. THERE WERE ALSO ENCLOSED COPIES OF YOUR LEAVE RECORD, VOUCHER AND SUPPORTING PAPERS AS YOU REQUESTED. PURSUANT TO YOUR REQUEST, IN LETTER OF MARCH 26, 1963, THE MATTER WAS AGAIN REVIEWED BY THE DEBT SECTION AND BY LETTER OF APRIL 24, 1963, YOU WERE ADVISED THAT THERE WAS NO BASIS FOR MODIFYING THE CONCLUSION THAT YOU WERE INDEBTED TO THE UNITED STATES IN THE SUM OF $506.91.

IN YOUR PRESENT LETTER, SUPPORTING YOUR CONTENTION THAT FOR THE PERIOD APRIL 11 TO 27, 1961, YOU WERE IN A STATUS OF AWAITING TRANSPORTATION AND NOT IN A LEAVE STATUS, YOU SAY THAT IT WAS NECESSARY TO DETACH YOURSELF FROM YOUR LAST DUTY STATION ON APRIL 10, 1961,BECAUSE THAT WAS THE DATE ON WHICH YOUR ORGANIZATION WAS DEACTIVATED.

ALTHOUGH WE DO NOT DISAGREE WITH THE FINDING, IT WAS NOT OUR OFFICE THAT MADE THE DETERMINATION THAT YOU WERE IN A LEAVE STATUS FOR THE PERIOD APRIL 11 TO 27, 1961, BUT RATHER THE DETERMINATION WAS MADE BY THE UNITED STATES MARINE CORPS. UNDER THE ARMED FORCES LEAVE ACT OF 1946, AS AMENDED, 37 U.S.C. 33 (E) (1958 ED.), ALL DECISIONS BY THE SECRETARY OF THE NAVY OR HIS DESIGNATED REPRESENTATIVE REGARDING THE NUMBER OF DAYS OF LEAVE TO WHICH A MEMBER OR FORMER MEMBER IS ENTITLED, INCLUDING THE NUMBER OF DAYS OF ABSENCE FROM DUTY OR VACATION TO BE CHARGED AGAINST SUCH LEAVE, ARE FINAL AND NOT SUBJECT TO REVIEW BY ANY COURT OR BY ANY OFFICER OF THE UNITED STATES, AND THEREFORE, WE MUST ACCEPT THE ADMINISTRATIVE DETERMINATION THAT YOU WERE IN A LEAVE STATUS FROM APRIL 11 TO 27, 1961. WITH REFERENCE TO YOUR STATEMENT CONCERNING THE DEACTIVATION OF YOUR OLD UNIT, THE UNITED STATES MARINE CORPS HAS INFORMALLY ADVISED US THAT THE SQUADRON VMA-121 WAS NOT DEACTIVATED ON APRIL 10, 1961, BUT WAS MERELY ROTATED BACK TO THE CONTINENTAL UNITED STATES AND IS AN OPERATIONAL SQUADRON AT THE PRESENT TIME. FURTHERMORE, SINCE YOUR BASIC ORDERS OF FEBRUARY 1, 1961, DIRECTED YOUR DETACHMENT "DURING APRIL 1961" IT APPEARS THAT SUCH ORDERS CONTEMPLATED DETACHMENT NOT EARLIER THAN WAS NECESSARY FOR YOU TO PROCEED TO MARINE CORPS ACTIVITY FOR TRANSPORTATION. THE DETACHMENT DATE OF APRIL 10, 1961, SPECIFIED IN THE ENDORSEMENT OF MARCH 22, 1961, WHICH WAS SIGNED BY YOU WAS PREMATURE AND DID NOT PLACE YOU IN A TRAVEL STATUS. THEREFORE, IT IS CLEAR THAT THE PAYMENT OF PER DIEM FOR THE PERIOD APRIL 11 TO 27, 1961, WAS ERRONEOUS AND THE ADMINISTRATIVE ACTION TAKEN TO CORRECT YOUR LEAVE RECORD TO SHOW YOU WERE IN A LEAVE STATUS WAS PROPER.

IN THE CIRCUMSTANCES SHOWN, WE HAVE NO ALTERNATIVE OTHER THAN TO AFFIRM YOUR LEGAL DEBT TO THE UNITED STATES IN THE SUM OF $506.91. ACCORDINGLY, YOU SHOULD MAKE PAYMENT PROMPTLY BY CHECK OR MONEY ORDERS PAYABLE TO THE "UNITED STATES GENERAL ACCOUNTING OFFICE" AND FORWARD IT TO THE U.S. GENERAL ACCOUNTING OFFICE, POST OFFICE BOX 2610, WASHINGTON 13, D.C., OR ARRANGE WITHOUT FURTHER DELAY TO LIQUIDATE YOUR INDEBTEDNESS IN REASONABLE PERIODIC INSTALLMENTS.