B-157323, OCT. 28, 1965

B-157323: Oct 28, 1965

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BURLING: REFERENCE IS MADE TO THE INTEREST EXPRESSED BY THE HONORABLE BOB DOLE. DOLE THAT IN VIEW OF YOUR STRONG BELIEF THAT THE MORNING REPORTS OF YOUR ORGANIZATION WERE CORRECTED PRIOR TO YOUR RELEASE FROM ACTIVE DUTY TO SHOW A LEAVE CHARGE FOR ONLY 4 DAYS BECAUSE OF YOUR REPORTED ABSENCE BETWEEN DECEMBER 27. WAS MADE FOR THE PERIOD DECEMBER 25. A CORRECTION WAS MADE ON THE MORNING REPORTS TO SHOW THAT YOU WERE ON LEAVE 7 DAYS. A CORRECTION WAS MADE ON THE MORNING REPORTS TO SHOW THAT YOU DEPARTED FROM TEMPORARY DUTY AT CAMP MCCOY. NOTHING WAS FOUND IN THE SEARCH OF THE MORNING REPORTS INDICATING THAT THEY WERE CORRECTED IN SEPTEMBER 1961. PROVIDES THAT THE DECISION OF THE SECRETARY OF THE ARMY AS TO THE NUMBER OF DAYS ABSENCE FROM DUTY BY A MEMBER OF THE ARMY TO BE CHARGED AS LEAVE IS FINAL AND CONCLUSIVE ON OUR OFFICE.

B-157323, OCT. 28, 1965

TO MR. WALTER B. BURLING:

REFERENCE IS MADE TO THE INTEREST EXPRESSED BY THE HONORABLE BOB DOLE, HOUSE OF REPRESENTATIVES, IN THE CLAIM OF THE UNITED STATES AGAINST YOU IN THE AMOUNT OF $52.10 REPRESENTING OVERPAYMENT FOR ACTIVE DUTY PAY AND ALLOWANCES INCIDENT TO YOUR SERVICE AS SECOND LIEUTENANT, UNITED STATES ARMY RESERVE. WE ADVISED MR. DOLE THAT IN VIEW OF YOUR STRONG BELIEF THAT THE MORNING REPORTS OF YOUR ORGANIZATION WERE CORRECTED PRIOR TO YOUR RELEASE FROM ACTIVE DUTY TO SHOW A LEAVE CHARGE FOR ONLY 4 DAYS BECAUSE OF YOUR REPORTED ABSENCE BETWEEN DECEMBER 27, 1960, AND JANUARY 2, 1961, WE WOULD REQUEST THE ARMY AUTHORITIES TO AGAIN SEARCH THE MORNING REPORTS IN AN EFFORT TO LOCATE ANY SUCH CORRECTION.

THE OFFICE OF THE ADJUTANT GENERAL, DEPARTMENT OF THE ARMY, NOW HAS ADVISED OUR OFFICE THAT A FURTHER SEARCH OF THE MORNING REPORTS ON FILE IN THE U.S. ARMY ADMINISTRATION CENTER, ST. LOUIS, MISSOURI, FOR THE 531ST TRANSPORTATION COMPANY, FORT RILEY, KANSAS, WAS MADE FOR THE PERIOD DECEMBER 25, 1960, TO MAY 14, 1962, THE DATE OF YOUR RELEASE FROM ACTIVE DUTY. THE SEARCH REVEALED THAT ON JANUARY 10, 1961, A CORRECTION WAS MADE ON THE MORNING REPORTS TO SHOW THAT YOU WERE ON LEAVE 7 DAYS, RATHER THAN 8 DAYS AS PREVIOUSLY NOTED, DURING THE PERIOD OF YOUR LEAVE WHICH BEGAN DECEMBER 27, 1960, AND ENDED WHEN YOU RETURNED TO DUTY JANUARY 3, 1961. THE SEARCH ALSO REVEALED THAT ON SEPTEMBER 17, 1961, A CORRECTION WAS MADE ON THE MORNING REPORTS TO SHOW THAT YOU DEPARTED FROM TEMPORARY DUTY AT CAMP MCCOY, WISCONSIN,ON SEPTEMBER 7, 1961, FOR 10 DAYS' LEAVE RATHER THAN ON SEPTEMBER 5, 1961, AS ORIGINALLY SHOWN ON THE MORNING REPORTS. HOWEVER, NOTHING WAS FOUND IN THE SEARCH OF THE MORNING REPORTS INDICATING THAT THEY WERE CORRECTED IN SEPTEMBER 1961, OR AT ANY OTHER TIME, TO SHOW A CHANGE IN THE 7 DAYS' LEAVE CHARGED TO YOU COVERING THE PERIOD DECEMBER 27, 1960, TO JANUARY 2, 1961. IN VIEW THEREOF AND SINCE 37 U.S.C. 33 (E) (1950 ED.) PROVIDES THAT THE DECISION OF THE SECRETARY OF THE ARMY AS TO THE NUMBER OF DAYS ABSENCE FROM DUTY BY A MEMBER OF THE ARMY TO BE CHARGED AS LEAVE IS FINAL AND CONCLUSIVE ON OUR OFFICE, A CHARGE AGAINST YOU FOR THE 7 DAYS' LEAVE FOR THIS PERIOD IS REQUIRED.

ACCORDINGLY, ON THE RECORD BEFORE US, YOU ARE INDEBTED TO THE UNITED STATES IN THE AMOUNT OF $52.10 AND YOU ARE REQUESTED TO REMIT THIS SUM WITHOUT FURTHER DELAY BY CHECK OR MONEY ORDER PAYABLE TO THE U.S. GENERAL ACCOUNTING OFFICE TO THE FOLLOWING ADDRESS, U.S. GENERAL ACCOUNTING OFFICE, P.O. BOX 2610, WASHINGTON, D.C. 20013.