B-86001-/W), I-17000-275, APR. 21, 1958

B-86001-/W): Apr 21, 1958

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WILSON: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 14. THAT YOU ARE CLAIMING THE SUM OF $37.05 "PLUS ACCRUED INTEREST" BASED UPON YOUR BELIEF THAT YOU ARE ENTITLED TO CERTAIN CREDITS FOR RENTAL ALLOWANCE FOR QUARTERS FOR THE PERIOD FROM APRIL 1. WE REQUESTED THE AIR FORCE FINANCE CENTER TO FURNISH US A REPORT AS TO WHETHER YOU WERE ENTITLED TO SUCH ALLOWANCES IN YOUR OWN RIGHT AT ANY TIME DURING THE PERIODS SEPTEMBER 1. INDICATED THAT YOU WERE ENTITLED TO RENTAL ALLOWANCE IN YOUR OWN RIGHT FOR THE PERIOD FROM SEPTEMBER 14. IN THE TOTAL AMOUNT OF $295.50 WHICH AMOUNT WAS CREDITED TO YOU IN DETERMINING THE AMOUNT OF YOUR DEBT. SINCE IT IS THE UNBROKEN RULE OF THE ACCOUNTING OFFICERS OF THE GOVERNMENT.

B-86001-/W), I-17000-275, APR. 21, 1958

TO MR. JAMES G. WILSON:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 14, 1958, REGARDING YOUR INDEBTEDNESS TO THE UNITED STATES IN THE NET AMOUNT AMOUNT OF $380.70. YOUR LETTER AND ENCLOSURE INDICATE, ALSO, THAT YOU ARE CLAIMING THE SUM OF $37.05 "PLUS ACCRUED INTEREST" BASED UPON YOUR BELIEF THAT YOU ARE ENTITLED TO CERTAIN CREDITS FOR RENTAL ALLOWANCE FOR QUARTERS FOR THE PERIOD FROM APRIL 1, 1944, THROUGH AUGUST 31, 1944, AND BASIC ALLOWANCE FOR QUARTERS. FOR THE PERIOD FROM OCTOBER 28, 1949, THROUGH DECEMBER 31, 1949, IN YOUR OWN RIGHT IN EACH INSTANCE.

UNDER DATE OF NOVEMBER 29, 1956, WE REQUESTED THE AIR FORCE FINANCE CENTER TO FURNISH US A REPORT AS TO WHETHER YOU WERE ENTITLED TO SUCH ALLOWANCES IN YOUR OWN RIGHT AT ANY TIME DURING THE PERIODS SEPTEMBER 1, 1943, THROUGH AUGUST 31, 1944; FEBRUARY 1, 1949, THROUGH SEPTEMBER 30, 1949; AND OCTOBER 28, 1949, THROUGH DECEMBER 31, 1949. THE REPLY OF THAT OFFICE DATED DECEMBER 12, 1956, INDICATED THAT YOU WERE ENTITLED TO RENTAL ALLOWANCE IN YOUR OWN RIGHT FOR THE PERIOD FROM SEPTEMBER 14, 1943, THROUGH MARCH 31, 1944, ONLY, IN THE TOTAL AMOUNT OF $295.50 WHICH AMOUNT WAS CREDITED TO YOU IN DETERMINING THE AMOUNT OF YOUR DEBT. THEREFORE, SINCE IT IS THE UNBROKEN RULE OF THE ACCOUNTING OFFICERS OF THE GOVERNMENT, IN CASES INVOLVING DISPUTED QUESTIONS OF FACT BETWEEN A CLAIMANT AND THE ADMINISTRATIVE OFFICERS OF THE GOVERNMENT, TO ACCEPT THE STATEMENT OF FACTS FURNISHED BY THE ADMINISTRATIVE OFFICERS (SEE 16 COMP. GEN. 325), YOUR SO-CALLED CORRECTED" STATEMENT OF ACCOUNT MAY NOT BE ACCEPTED AS THE BASIS FOR AN ALLOWANCE TO YOU BASED UPON THE CREDIT OF ALLOWANCES IN YOUR OWN RIGHT FOR THE ADDITIONAL PERIODS CLAIMED BY YOU. FURTHERMORE, EVEN IF AN AMOUNT WERE TO BE FOUND DUE YOU BECAUSE OF ANY ADDITIONAL CREDITS FOR RENTAL ALLOWANCE OR BASIC ALLOWANCE FOR QUARTERS FOR EITHER OF THE PERIODS MENTIONED BY YOU, INTEREST THEREON WOULD NOT BE PAYABLE, IT BEING THE GENERAL RULE THAT THE UNITED STATES IS NOT LIABLE FOR INTEREST ON ITS OBLIGATIONS EXCEPT WHERE INTEREST IS STIPULATED FOR IN LEGAL AND PROPER CONTRACTS, OR WHERE THE ALLOWANCE OF INTEREST IS SPECIFICALLY DIRECTED BY STATUTE. SEE 27 COMP. GEN. 690, CITING ANGARICA V. BAYARD, 127 U.S. 251 AND SEABOARD AIR LINE RAILWAY COMPANY V. UNITED STATES, 261 U.S. 299.

ACCORDINGLY, ON THE PRESENT RECORD, NO PORTION OF YOUR CLAIM MAY BE ALLOWED.

AS STATED IN OUR LETTER TO YOU DATED JULY 30, 1957, YOU WERE OVERPAID A TOTAL OF $1,623.35 AS INCREASED RENTAL AND BASIC ALLOWANCE FOR QUARTERS AND INCREASED SUBSISTENCE ALLOWANCE ON ACCOUNT OF YOUR MOTHER. ALSO, IN OUR LETTER OF FEBRUARY 3, 1958, WE GAVE YOU CREDIT FOR THE $300 PAYMENT MADE BY YOUR CHECK DATED DECEMBER 9, 1949, WHICH, WITH OTHER CREDITS AMOUNTING TO $942.65 DEDUCTED FROM YOUR PAY VOUCHERS, REDUCED THE ORIGINAL DEBT TO $380.70. THIS SUM STILL REMAINS DUE THE UNITED STATES AND SHOULD BE LIQUIDATED WITHOUT FURTHER DELAY. REMITTANCES BY CHECK OR MONEY ORDER PAYABLE TO THE "U.S. GENERAL ACCOUNTING OFFICE" SHOULD BE FORWARDED TO THE GENERAL ACCOUNTING OFFICE, POST OFFICE BOX 2610, WASHINGTON 13, D.C., CITING CLAIM NO. Z-1808130 IN ORDER TO INSURE PROPER CREDIT.