B-163606, MAY 31, 1968

B-163606: May 31, 1968

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GOLDSMITH: FURTHER REFERENCE IS MADE TO YOUR LETTERS DATED JANUARY 15 AND FEBRUARY 12. OUR FILE SHOWS THAT THIS MATTER WAS THE SUBJECT OF LETTERS TO MR. 19678 IN WHICH HE WAS ADVISED THAT HE HAD AUTHORIZED A VOLUNTARY ALLOTMENT (CLASS E) OF $30 PER MONTH FROM HIS PAY TO BE PAID TO THE GREENVILLE BANK AND TRUST COMPANY. WHILE THIS AMOUNT WAS PAID BY THE DEPARTMENT OF THE ARMY. CORRESPONDING DEDUCTIONS WERE NOT MADE FROM HIS PAY FOR THE PERIOD OF NOVEMBER 1946 THROUGH JULY 1947. IN ADDITION TO THOSE PAYMENTS MONTHLY PAYMENT OF THIS ALLOTMENT WAS CONTINUED ERRONEOUSLY SUBSEQUENT TO HIS DISCHARGE ON JULY 3. HENCE A TOTAL AMOUNT OF $840 WAS PAID TO THE BANK FOR THE PERIOD NOVEMBER 1946 THROUGH FEBRUARY 1949 (28 MONTHS).

B-163606, MAY 31, 1968

TO MR. CHARLES J. GOLDSMITH:

FURTHER REFERENCE IS MADE TO YOUR LETTERS DATED JANUARY 15 AND FEBRUARY 12, 1968, WITH ENCLOSURES, REQUESTING FURTHER CONSIDERATION OF THE CLAIM OF MR. ALLEN ROGERS FOR ARREARS OF PAY AND ALLOWANCES BELIEVED TO BE DUE INCIDENT TO HIS SERVICE IN THE UNITED STATES ARMY FOLLOWING WORLD WAR II.

OUR FILE SHOWS THAT THIS MATTER WAS THE SUBJECT OF LETTERS TO MR. ROGERS FROM OUR CLAIMS DIVISION DATED AUGUST 31 AND NOVEMBER 9, 19678 IN WHICH HE WAS ADVISED THAT HE HAD AUTHORIZED A VOLUNTARY ALLOTMENT (CLASS E) OF $30 PER MONTH FROM HIS PAY TO BE PAID TO THE GREENVILLE BANK AND TRUST COMPANY, GREENVILLE, MISSISSIPPI, AND WHILE THIS AMOUNT WAS PAID BY THE DEPARTMENT OF THE ARMY, CORRESPONDING DEDUCTIONS WERE NOT MADE FROM HIS PAY FOR THE PERIOD OF NOVEMBER 1946 THROUGH JULY 1947. IN ADDITION TO THOSE PAYMENTS MONTHLY PAYMENT OF THIS ALLOTMENT WAS CONTINUED ERRONEOUSLY SUBSEQUENT TO HIS DISCHARGE ON JULY 3, 1947, THROUGH FEBRUARY 1949. HENCE A TOTAL AMOUNT OF $840 WAS PAID TO THE BANK FOR THE PERIOD NOVEMBER 1946 THROUGH FEBRUARY 1949 (28 MONTHS).

MR. ROGERS WAS ALSO ADVISED THAT THE BALANCE REMAINING IN THE BANK ACCOUNT INTO WHICH THESE FUNDS WERE PLACED, $630, WAS REFUNDED BY THE BANK INVOLVED IN PARTIAL LIQUIDATION OF THIS INDEBTEDNESS, LEAVING A REMAINING INDEBTEDNESS OF $210. AT THAT TIME, IT WAS DETERMINED THAT HIS ACCRUED BUT UNPAID PAY AND ALLOWANCES EQUALED THE AMOUNT OF THIS INDEBTEDNESS AND THE AMOUNT OF SUCH PAY AND ALLOWANCES WAS APPLIED IN FINAL LIQUIDATION OF THAT INDEBTEDNESS. THIS WAS ACCOMPLISHED BY CERTIFICATE OF SETTLEMENT NO. 2034468, DATED MAY 19, 1952.

YOU STATE THAT MR. ROGERS RECEIVED NO PAY AND ALLOWANCES FOR HIS SECOND TOUR OF SERVICE FROM FEBRUARY 8, 1946, THROUGH JULY 3, 1947.

THE RECORD BEFORE US SHOWS THAT MR. ROGERS ENLISTED IN THE ARMY FEBRUARY 8, 1946; THAT HE SERVED OUTSIDE THE UNITED STATES DURING THE PERIOD JUNE 11, 1946, TO DECEMBER 24, 1946; AND THAT HE WAS HONORABLY DISCHARGED IN THE GRADE OF PRIVATE ON JULY 3, 1947. HE WAS IN A TERMINAL LEAVE STATUS ON AND AFTER MAY 5, 1947. THE FOLLOWING IS A STATEMENT OF HIS PAY ACCOUNT FOR THE PERIOD IN QUESTION, SHOWING ALL AMOUNTS TO WHICH HE WAS ENTITLED AND PAID, INCLUDING ALL PROPER CHARGES REQUIRED TO BE MADE AGAINST HIS ACCOUNT. CREDITS PAY AS A PRIVATE, U/3, 2/8/46 TO 3/31/46, $50.00 PER MONTH $ 88.33 PAY AS A PRIVATE, O/3, 4/1/46 TO 6/30/46, $52.50 PER MONTH 157.50 PAY AS A PRIVATE, O/3, 7/1/46 TO 7/3/47, $78.75 PER MONTH 952.88 FOREIGN SERVICE PAY, 6/11/46 TO 6/30/46, $10.00 PER MONTH 6.66 FOREIGN SERVICE PAY, 7/1/46 TO 12/24/46, $15.00 PER MONTH 87.00 LEAVE RATIONS, 4/26/46 TO 5/9/46 (14 DAYS) $ .66 PER DAY 9.24 LEAVE RATIONS, 1/23/47 TO 1/24/47 (2 DAYS) $ .68 PER DAY 1.36 LEAVE RATIONS, 5/5/47 TO 6/30/47 (57 DAYS)

$ .68 PER DAY 38.76 LEAVE RATIONS, 7/1/47 TO 7/3/47 (3 DAYS) $ .79 PER DAY 2.37 DISCHARGE TRAVEL PAY

35.90 --------

TOTAL CREDITS $1,380.00 DEBITS CLASS "F" ALLOTMENT, MARCH/46 TO JUNE/47 (16 MOS.) $22.00 $352.00 CLASS "E" ALLOTMENT, JULY/46 TO JUNE/47 (12 MOS.) $30.00 360.00 SOLDIERS' HOME FUND, FEB./46 TO JUNE/47 (17 MOS.) .10

1.70PARTIAL PAYMENTS: APRIL 1946 66.13 JUNE 1946 170.00 SEPTEMBER 1946

170.00 NOVEMBER 1946 174.05 JANUARY 1947 35.90 FEBRUARY 1947

25.00 MARCH 1947 25.00 CHARGES AGAINST LEAVE ACCRUED LEAVE 2/8/46 TO 5/4/47 38 DAYS LEAVE TAKEN 76 DAYS EXCESS LEAVE TAKEN 38 DAYS 38 DAYS' LEAVE $78.75 PER MONTH

$99.75 RATIONS (3 DAYS) 7/1/47 TO 7/3/47 $ .79 2.37 RATIONS (35 DAYS) 5/27/47 TO 6/30/47 $ .68 23.80 125.92

------ EXCESSIVE PAYMENTS OF CLASS "E" ALLOTMENT AFTER DISCHARGE, JULY 1947 TO FEBRUARY 1949 (20 MOS.) 600.00

TOTAL DEBITS $1,975.70

EXCESS OF DEBITS OVER CREDITS 595.70

AMOUNT SECURED FROM GREENVILLE BANK 630.00

AMOUNT DUE $ 34.30

THUS, WHILE THE AMOUNTS DEPOSITED IN GREENVILLE BANK WERE THE RESULT OF ERRONEOUS PAYMENTS, WHICH WERE PROPERLY RECOVERABLE, A FULL COMPUTATION OF MR. ROGERS' PAY ACCOUNT REVEALS THAT THE AMOUNT RECOVERED FROM THE BANK WAS IN EXCESS OF THAT REQUIRED TO LIQUIDATE HIS TOTAL INDEBTEDNESS. SETTLEMENT WILL ISSUE IN DUE COURSE ALLOWING THE AMOUNT FOUND DUE AS SHOWN ABOVE.

WITH RESPECT TO YOUR INQUIRY AS TO THE PROCEDURE USED TO RECOVER THE FUNDS IN THE GREENVILLE BANK, WE HAVE NO INFORMATION AS TO THE LEGAL STEPS TAKEN, AS THE MATTER OF RECOVERY WAS REFERRED TO THE DEPARTMENT OF JUSTICE FOR APPROPRIATE ACTION. PRESUMABLY THE STEPS TAKEN TO EFFECT RECOVERY WERE PROPER SINCE THE BANK VOLUNTARILY REFUNDED THE FUNDS IN THAT ACCOUNT.