B-83885, B-86001/K), 1-17000-616 AND 13871, JUL. 20, 1956

B-83885,B-86001/K): Jul 20, 1956

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THE PAYMENTS WERE QUESTIONED IN A REPORT OF INVESTIGATION TRANSMITTED TO YOU WITH OUR LETTER OF JULY 13. THE OFFICER SAYS BE BELIEVES THAT HIS MOTHER WAS IN FACT DEPENDENT UPON HIM FOR HER CHIEF SUPPORT FOR THE PERIOD OCTOBER 20. AGREES TO CONSENT TO HAVE HIS PAY CHECKED "IN THE AMOUNT OF $400.00 IN FULL SETTLEMENT OF ALL CLAIMED OVERPAYMENT OF RENTAL AND SUBSISTENCE ALLOWANCES ON ACCOUNT OF THE DEPENDENCY OF MY MOTHER. FOR THE PERIOD 20 OCTOBER 1948 TO 30 JUNE 1949 UPON BEING ADVISED BY THE GENERAL ACCOUNTING OFFICE THAT SUCH AMOUNT IS ACCEPTABLE.'. AT A RATE NOT TO EXCEED $50.00 PER MONTH UNTIL TOTAL REPAYMENT IS EFFECTED.'. HIS PAY ACCOUNT ON FILE HERE SHOWS THAT HE WAS PAID INCREASED RENTAL AND SUBSISTENCE ALLOWANCES ON ACCOUNT OF A DEPENDENT MOTHER IN THE AMOUNT OF $808.80 DURING THAT PERIOD.

B-83885, B-86001/K), 1-17000-616 AND 13871, JUL. 20, 1956

TO THE SECRETARY OF THE NAVY:

BY LETTER DATED APRIL 10, 1956, THE BUREAU OF NAVAL PERSONNEL REFERRED HERE FOR CONSIDERATION A COPY OF AN UNDATED LETTER TO THE CHIEF OF NAVAL PERSONNEL FROM LIEUTENANT ROBERT A. KOMOROFF, 410275/1310, USN, CONCERNING HIS INDEBTEDNESS TO THE UNITED STATES ON ACCOUNT OF AMOUNTS ERRONEOUSLY PAID TO HIM ON HIS CERTIFICATES THAT HE HAD A DEPENDENT MOTHER. THE PAYMENTS WERE QUESTIONED IN A REPORT OF INVESTIGATION TRANSMITTED TO YOU WITH OUR LETTER OF JULY 13, 1950, B 83885, B-86001/K).

THE OFFICER SAYS BE BELIEVES THAT HIS MOTHER WAS IN FACT DEPENDENT UPON HIM FOR HER CHIEF SUPPORT FOR THE PERIOD OCTOBER 20, 1948, TO JUNE 30, 1949, BUT AGREES TO CONSENT TO HAVE HIS PAY CHECKED "IN THE AMOUNT OF $400.00 IN FULL SETTLEMENT OF ALL CLAIMED OVERPAYMENT OF RENTAL AND SUBSISTENCE ALLOWANCES ON ACCOUNT OF THE DEPENDENCY OF MY MOTHER, MRS. TERESA ROSE KOMOROFF, FOR THE PERIOD 20 OCTOBER 1948 TO 30 JUNE 1949 UPON BEING ADVISED BY THE GENERAL ACCOUNTING OFFICE THAT SUCH AMOUNT IS ACCEPTABLE.' ALSO, HE REQUESTS THAT HE "BE ALLOWED TO REPAY THE AMOUNT DUE, AT A RATE NOT TO EXCEED $50.00 PER MONTH UNTIL TOTAL REPAYMENT IS EFFECTED.'

THE OFFICER REFERS SPECIFICALLY TO THE PERIOD OCTOBER 20, 1948, TO JUNE 30, 1949. HIS PAY ACCOUNT ON FILE HERE SHOWS THAT HE WAS PAID INCREASED RENTAL AND SUBSISTENCE ALLOWANCES ON ACCOUNT OF A DEPENDENT MOTHER IN THE AMOUNT OF $808.80 DURING THAT PERIOD. HE CONTINUED TO RECEIVE SUCH PAYMENTS, HOWEVER, AT LEAST THROUGH DECEMBER 31, 1950. ON THE BASIS OF ADMISSIONS BY THE OFFICER AND HIS MOTHER AND THE FACTS DISCLOSED BY OUR ORIGINAL INVESTIGATION, AND A SUPPLEMENTAL INVESTIGATION MADE AFTER RECEIPT OF A COPY OF THE OFFICER'S LETTER DATED OCTOBER 3, 1950, TO THE CHIEF OF NAVAL PERSONNEL, IT APPEARS THAT MOST OF THE MONEY HE SENT HER WAS NOT USED FOR CURRENT LIVING EXPENSES, BUT TO BUY A HOUSE IN THEIR JOINT NAMES, OF WHICH HE BECAME HALF OWNER AND, AS HER SURVIVOR, WOULD BECOME THE SOLE OWNER. ALSO, IT APPEARS THAT HER INDEPENDENT INCOME COVERED SUBSTANTIALLY MORE THAN A HALF OF HER ACTUAL LIVING EXPENSES. HENCE, IT SEEMS QUITE CLEAR THAT THE OFFICER'S MOTHER WAS NOT IN FACT DEPENDENT UPON HIM FOR HER CHIEF SUPPORT FOR ANY PART OF THE PERIOD FROM OCTOBER 20, 1948, THROUGH JULY 31, 1950. THE ERRONEOUS PAYMENTS RECEIVED DURING THE PERIOD JULY 1, 1949, TO JULY 31, 1950, AMOUNTED TO $1,039.40, HENCE THE TOTAL ERRONEOUS PAYMENTS RECEIVED FOR THE PERIOD OCTOBER 20, 1948, TO JULY 31, 1950, AMOUNTED TO $1,848.20. JURISDICTION TO MAKE DETERMINATIONS OF DEPENDENCY FOR PERIODS AFTER JULY 31, 1950, IS VESTED IN THE SECRETARY OF THE NAVY OR HIS DESIGNEE BY THE DEPENDENTS ASSISTANCE ACT OF 1950, 64 STAT. 794. SEE 30 COMP. GEN. 282.

WITH RESPECT TO THE OFFICER'S OFFER IN COMPROMISE, YOU ARE ADVISED THAT WE HAVE NO AUTHORITY TO CANCEL CLAIMS IN FAVOR OF THE UNITED STATES OR TO SETTLE SUCH CLAIMS FOR ANY SUM LESS THAN THE FULL AMOUNT DUE. WE MAY, HOWEVER, REFER THE GOVERNMENT'S CLAIM IN SUCH CASES TO THE DEPARTMENT OF JUSTICE FOR COLLECTION, BY SUIT IF NECESSARY, AND IN CONJUNCTION WITH THAT ACTION, WE MAY REFER TO THAT DEPARTMENT A REASONABLE COMPROMISE OFFER, RECOMMENDING ACCEPTANCE OR REJECTION, DEPENDING IN PART UPON THE DEBTOR'S ABILITY TO LIQUIDATE THE INDEBTEDNESS IN FULL. SINCE THE PRESENT COMPROMISE OFFER COVERS ONLY A PORTION OF THE DEBT (FOR THE PERIOD OCTOBER 20, 1948, TO JUNE 30, 1949, IN THE AMOUNT OF $808.80), WE WILL TAKE NO ACTION AT THIS TIME TO REFER THE MATTER TO THE DEPARTMENT OF JUSTICE. ACCEPTANCE OF THE PRESENT OFFER WOULD LEAVE THE OFFICER LIABLE IN FULL FOR THE ERRONEOUS PAYMENT OF $1,039.40 RECEIVED FOR THE PERIOD JULY 1, 1949, TO JULY 31, 1950, CONCERNING WHICH HIS LETTER IS SILENT AS TO HIS PLANS FOR LIQUIDATION.

IF LIEUTENANT KOMOROFF WILL FORWARD TO US A CERTIFIED CHECK OR MONEY ORDER MADE PAYABLE TO ,U.S. GENERAL ACCOUNTING OFFICE," IN THE AMOUNT HE WISHES TO OFFER IN COMPROMISE OF HIS INDEBTEDNESS ON ACCOUNT OF THE IMPROPER PAYMENTS MADE TO HIM AS FOR AN OFFICER WITH A DEPENDENT MOTHER DURING THE PERIOD OCTOBER 20, 1948, THROUGH JULY 31, 1950, OR AN AGREEMENT TO EFFECT PAYMENT OF SUCH AMOUNT BY MONTHLY CHECK AGES FROM HIS PAY, WE WILL UNDERTAKE TO HAVE THE MATTER CONSIDERED BY THE DEPARTMENT OF JUSTICE UNDER ITS COMPROMISE JURISDICTION. SHOULD THE OFFER NOT BE ACCEPTED, THE REMITTANCE WILL BE RETURNED. IN THE EVENT LIEUTENANT KOMOROFF DOES NOT DESIRE TO TAKE SUCH ACTION, WE WILL APPRECIATE INFORMATION AS TO THE AMOUNT COLLECTED BY THE DEPARTMENT OF THE NAVY ON ACCOUNT OF SUCH IMPROPER PAYMENTS. SEE, IN THAT RESPECT, THE ACT OF JULY 15, 1954, 68 STAT. 482, AS IMPLEMENTED BY DEPARTMENT OF DEFENSE DIRECTIVE 7330.2, NOVEMBER 23, 1955, AUTHORIZING THE COLLECTION OF SUCH DEBTS FROM AN OFFICER'S PAY WITHOUT HIS CONSENT.