B-159738, AUG. 26, 1966

B-159738, AUG. 26, 1966

TO MR. WALTER J. MCINTOSH:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 14, 1966, ADDRESSED TO OUR INDIANAPOLIS, INDIANA, OFFICE IN EFFECT REQUESTING REVIEW OF YOUR INDEBTEDNESS TO THE UNITED STATES ARISING FROM YOUR SERVICE AS AN ENLISTED MAN, E5, ARMY, SERVICE NO. RA 19 518 988.

THE INDEBTEDNESS AROSE PRIMARILY FROM ERRONEOUS PAYMENTS OF STATION ALLOWANCES AFTER THE ARRIVAL OF YOUR DEPENDENTS AT OR NEAR YOUR STATION IN VIETNAM. THE RECORD INDICATES THAT YOUR DEPENDENTS ARRIVED AT SAIGON, VIETNAM, ON JULY 14, 1962, ON A TEMPORARY VISA, APPARENTLY HAVING TRAVELED AT PERSONAL EXPENSE WITHOUT PRIOR APPROVAL OF THE OVERSEAS COMMANDER. FOLLOWING THE ARRIVAL OF YOUR DEPENDENTS IN VIETNAM A REQUEST WAS INITIATED FOR OFFICIAL PASSPORTS, AND TWO PASSPORTS WERE ISSUED ON NOVEMBER 6, 1962. HOWEVER, YOUR DEPENDENTS WERE NOT OFFICIALLY RECOGNIZED BY THE ARMY AS DEPENDENTS LIVING AT OR NEAR YOUR STATION UNTIL JANUARY 30, 1963, THE EFFECTIVE DATE ON WHICH YOU WERE AUTHORIZED HIGHER COST OF LIVING AND HOUSING ALLOWANCES AS A MEMBER WITH DEPENDENTS.

YOU WERE DISCHARGED ON MAY 14, 1963, AND SUBSEQUENTLY, BY LETTER OF FEBRUARY 26, 1964, THE ARMY ADVISED YOU THAT YOUR MILITARY PAY ACCOUNT SHOWS YOU WERE OVERPAID $283.78. UPON YOUR FAILURE TO REMIT THE AMOUNT OF THE INDEBTEDNESS THE MATTER WAS REFERRED TO OUR INDIANAPOLIS, INDIANA, OFFICE WHERE THE INDEBTEDNESS WAS RECOMPUTED AS $250.78 AND YOU WERE SO ADVISED BY LETTER OF JULY 26, 1965. THE REASON FOR THE DIFFERENCE IN AMOUNT IS THAT THE INDIANAPOLIS OFFICE FAILED TO INCLUDE AN ITEM OF $33 REPRESENTING AN OVERPAYMENT OF STATION HOUSING ALLOWANCE FOR THE PERIOD APRIL 1 TO 30, 1963. YOU WERE PAID $63.60 FOR THAT PERIOD WHEREAS YOU WERE ENTITLED TO $1.02 FOR 30 DAYS OR $30.60.

BY LETTER OF JANUARY 28, 1966, OUR INDIANAPOLIS OFFICE ADVISED YOU THAT ALTHOUGH THERE WAS DOUBT IN THE MATTER YOU WOULD BE ALLOWED A CREDIT OF $34 REPRESENTING THE DIFFERENCE BETWEEN COST OF LIVING ALLOWANCE OF $1.10 A DAY FOR A MEMBER WITHOUT DEPENDENTS AND $1.50 A DAY FOR A MEMBER WITH TWO DEPENDENTS FOR THE PERIOD NOVEMBER 6, 1962, THE DATE THE PASSPORTS WERE ISSUED, TO JANUARY 29, 1963, THE DATE THE ADDITIONAL ALLOWANCE WAS AUTHORIZED. ALSO, YOU WERE ALLOWED A CREDIT OF $48.90 REPRESENTING THE DIFFERENCE IN MILEAGE FROM OAKLAND, CALIFORNIA, TO STOCKTON, CALIFORNIA, AND OAKLAND, CALIFORNIA, TO PHOENIX, ARIZONA, FOR YOUR WIFE'S TRAVEL INCIDENT TO YOUR DISCHARGE. BY LETTER OF FEBRUARY 16, 1966, THE INDIANAPOLIS OFFICE FURTHER ADVISED YOU THAT IT WOULD ALLOW YOU AN ADDITIONAL CREDIT OF $33.60 REPRESENTING THE DIFFERENCE BETWEEN COST OF LIVING ALLOWANCE OF $1.10 A DAY FOR A MEMBER WITHOUT DEPENDENTS AND $1.50 A DAY FOR A MEMBER WITH TWO DEPENDENTS FROM AUGUST 14, 1962, 30 DAYS AFTER ARRIVAL OF YOUR DEPENDENTS, TO NOVEMBER 5, 1962. THOSE TENTATIVE CREDITS REDUCED THE INDEBTEDNESS TO $134.28.

IN YOUR LETTER OF MARCH 14, 1966, YOU REQUESTED THAT YOUR CASE BE TRANSFERRED TO THIS OFFICE. YOUR LETTER WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THE INDEBTEDNESS.

PARAGRAPH 4F (2), ARMY REGULATIONS 614-30, APRIL 24, 1961, PROVIDES THAT DEPENDENTS ENTITLED TO TRAVEL AT PUBLIC EXPENSE UNDER PARAGRAPH 7000 OF THE JOINT TRAVEL REGULATIONS BUT WHO TRAVEL OVERSEAS AT THEIR OWN EXPENSE AND JOIN THEIR SPONSOR WITHOUT PRIOR APPROVAL OF THE OVERSEAS COMMANDER, WILL, AFTER A REASONABLE PERIOD OF TIME, BE CONSIDERED TO HAVE JOINED THE SPONSOR AS A FAMILY GROUP, AND THAT THE OVERSEAS COMMANDER WILL MAKE THE DETERMINATION AS TO WHAT CONSTITUTES A "REASONABLE PERIOD OF TIME.' PURSUANT TO THAT REGULATION THE OVERSEAS COMMANDER IN VIETNAM, BY PARAGRAPH 2, MEMORANDUM NO. 65, HEADQUARTERS, MILITARY ASSISTANCE ADVISORY GROUP, VIETNAM, DATED JULY 28, 1961, DETERMINED THAT A "REASONABLE PERIOD OF TIME" WOULD BE 30 DAYS AFTER ARRIVAL OF DEPENDENTS. PARAGRAPH 3C OF THE MEMORANDUM PROVIDES THAT "UPON RECOGNITION" (OFFICIALLY RECOGNIZED BY LETTER) THE SPONSOR WILL BE ELIGIBLE FOR PAYMENT OF AN ADDITIONAL HOUSING ALLOWANCE AND THE "WITH DEPENDENTS" STATION ALLOWANCE. PARAGRAPH 4305-8, JOINT TRAVEL REGULATIONS (CHANGE 117, AUGUST 1, 1962), PROVIDES THAT RETROACTIVE APPROVAL OF STATION ALLOWANCES IS NOT AUTHORIZED AND THAT ENTITLEMENT WILL BEGIN WHEN AUTHORIZED BY THE SECRETARY CONCERNED OR HIS DESIGNATED REPRESENTATIVE.

THE RECORD SHOWS THAT BY SPECIAL ORDERS NO. 86, DATED JULY 20, 1962, YOU WERE AUTHORIZED COST OF LIVING ALLOWANCE AS A MEMBER WITHOUT DEPENDENTS EFFECTIVE JULY 14, 1962, THE DATE YOUR DEPENDENTS ARRIVED IN VIETNAM. EFFECTIVE THAT DATE YOU WERE ALSO GRANTED PERMISSION TO RATION SEPARATELY. HOWEVER, IT WAS NOT UNTIL SPECIAL ORDER 20, DATED FEBRUARY 1, 1963, EFFECTIVE JANUARY 30, 1963, THAT YOU WERE AUTHORIZED HOUSING ALLOWANCE AND COST OF LIVING ALLOWANCE FOR A MEMBER WITH DEPENDENTS. THEREFORE, WHILE YOUR DEPENDENTS COULD HAVE BEEN RECOGNIZED AS DEPENDENTS RESIDING IN THE AREA 30 DAYS AFTER THEIR ARRIVAL THERE WAS NO BASIS UNDER THE REGULATIONS FOR ALLOWANCE OF COST OF LIVING ALLOWANCES AS FOR A MEMBER WITH DEPENDENTS UNTIL PROPER AUTHORIZATION WAS ISSUED. THEREFORE, THERE WAS NO PROPER AUTHORITY FOR ALLOWING CREDIT FOR SUCH ALLOWANCES BEGINNING AUGUST 14, 1962, OR NOVEMBER 6, 1962, AS TENTATIVELY INDICATED BY THE INDIANAPOLIS OFFICE.

ACCORDINGLY, YOU WERE ENTITLED TO A COST OF LIVING ALLOWANCE AS AN E-5 ENLISTED MAN WITHOUT DEPENDENTS FROM JULY 14, 1962, TO JANUARY 29, 1963, 200 DAYS, AT $1.10 PER DAY ($220.00), AND WITH TWO DEPENDENTS FROM JANUARY 30 TO MAY 10, 1963, 101 DAYS AT $1.50 PER DAY ($151.50), AND TO A STATION HOUSING ALLOWANCE AS AN E-5 ENLISTED MAN WITH TWO DEPENDENTS FOR THE PERIOD JANUARY 30 TO MAY 10, 1963, 101 DAYS AT $1.02 PER DAY ($103.02), OR A TOTAL OF $474.52. YOUR PAY RECORDS SHOW THAT DURING THAT PERIOD YOU WERE ACTUALLY CREDITED WITH A COST OF LIVING ALLOWANCE AT $1.10 PER DAY FROM JUNE 30, 1962, TO MARCH 31, 1963, 275 DAYS ($302.50) AND AT $1.50 PER DAY FROM MAY 1 TO 10, 1963, 10 DAYS ($15.00), AND WITH A DUPLICATE COST OF LIVING ALLOWANCE AT $1.10 PER DAY FROM JULY 20, 1962, TO JANUARY 29, 1963, 194 DAYS ($213.40), PLUS A STATION HOUSING ALLOWANCE AT $1.02 PER DAY FROM JANUARY 30 TO MARCH 31, AND MAY 1 TO 10, 1963, 71 DAYS ($72.42), AND AT $2.12 PER DAY FROM APRIL 1 TO 30, 1963, 30 DAYS ($63.60), OR A TOTAL OF $666.92, RESULTING IN AN OVERPAYMENT FOR THOSE ITEMS OF $192.40 ($662.92 MINUS $474.52). IN ADDITION, YOU WERE OVERPAID PER DIEM ALLOWANCE INCIDENT TO TEMPORARY DUTY PERFORMED DURING THE PERIOD OCTOBER 12 TO 29, 1962, IN THE AMOUNT OF $25.38, CHARGE FOR WHICH WAS NOT ENTERED IN YOUR PAY ACCOUNT FOR COLLECTION PRIOR TO YOUR DISCHARGE. ALSO, THE FINANCE CENTER, DEPARTMENT OF THE ARMY, HAS REPORTED YOUR FURTHER INDEBTEDNESS AS FOLLOWS:

"MILITARY PAY VOUCHER NO. 167 SEPTEMBER 1962 ACCOUNTS DSSN 5484 SHOWS CREDIT FOR ERRONEOUS DEDUCTION DEBT LIQUIDATION SCHEDULE $33.00 MADE ON JULY 1962 MILITARY PAY VOUCHER. NO COLLECTION MADE FOR DEBT LIQUIDATION SCHEDULE ON JULY 1962 MILITARY PAY VOUCHER. DUE U.S. $33.00.'

ON THAT BASIS YOU WERE OVERPAID IN THE AMOUNT OF $250.78 ($192.40 PLUS $25.38 PLUS $33). APPLYING THE CREDIT OF $48.90 DUE YOU AS ADDITIONAL ALLOWANCE FOR YOUR WIFE'S TRAVEL FROM OAKLAND, CALIFORNIA, TO PHOENIX, ARIZONA, IN CONNECTION WITH YOUR DISCHARGE FROM THE SERVICE, AGAINST THAT OVERPAYMENT LEAVES A BALANCE DUE THE UNITED STATES OF $201.88.

IF YOU ARE ABLE TO FURNISH EVIDENCE THAT STATION ALLOWANCES WERE PROPERLY AUTHORIZED EARLIER THAN JULY 14, 1962, AS A MEMBER WITHOUT DEPENDENTS, AND JANUARY 30, 1963, AS A MEMBER WITH DEPENDENTS, SUCH EVIDENCE WILL RECEIVE CAREFUL CONSIDERATION. HOWEVER, ON THE PRESENT RECORD YOUR INDEBTEDNESS IS AS SHOWN ABOVE. YOUR CHECK, BANK DRAFT OR MONEY ORDER FOR THE AMOUNT DUE SHOULD BE MADE PAYABLE TO THE "U.S. GENERAL ACCOUNTING OFFICE" AND MAILED TO CLAIMS DIVISION, U.S. GENERAL ACCOUNTING OFFICE, BOX 2610, WASHINGTON, D.C., 20548. IF YOU ARE UNABLE TO LIQUIDATE THE DEBT BY ONE PAYMENT, ARRANGEMENTS MAY BE MADE FOR PAYMENT IN INSTALLMENTS.