B-131693, AUG. 6, 1957

B-131693, AUG. 6, 1957

TO MRS. HENRIETTA B. STONE:

THE RECORDS OF THE DEPARTMENT OF THE ARMY SHOW THAT ERRONEOUS CLASS E ALLOTMENT PAYMENTS, AT THE RATE OF $100 A MONTH FOR THE 18-MONTH PERIOD FROM APRIL 1, 1947, TO SEPTEMBER 30, 1948, WERE MADE TO YOU AS WIFE OF ALLEN STONE, WHO, AT THAT TIME, WAS SERVING AS AN OFFICER IN THE ARMY OF THE UNITED STATES.

IT APPEARS THAT DURING THE PERIOD FROM JUNE 1, 1946, TO JANUARY 31, 1947, YOUR HUSBAND HAD IN EFFECT AN ALLOTMENT OF $200 A MONTH IN YOUR FAVOR AND THAT THE ALLOTMENT WAS REDUCED TO $100 A MONTH EFFECTIVE FEBRUARY 1, 1947. IT FURTHER APPEARS THAT ON MARCH 5, 1947, HE EXECUTED AND SIGNED WD AGO FORM 141 (ALLOTMENT OF PAY NOTIFICATION FORM) INCREASING THE ALLOTMENT TO $200 A MONTH EFFECTIVE APRIL 1, 1947, BUT THAT, SUBSEQUENTLY, ON MARCH 24, 1947, HE EXECUTED AND SIGNED ANOTHER WD AGO FORM 141 DECREASING THE ALLOTMENT FROM $200 TO $100 EFFECTIVE APRIL 1, 1947. SINCE THE DISBURSING OFFICER OF THE ARMY MADE PAYMENTS AT THE INCORRECT RATE OF $200 A MONTH INSTEAD OF AT THE CORRECT RATE OF $100 A MONTH FOR THE PERIOD FROM APRIL 1, 1947, THROUGH SEPTEMBER 30, 1948, AND SINCE DEDUCTIONS FOR THE ALLOTMENT WERE MADE AT THE RATE OF $100 A MONTH DURING SUCH PERIOD, THERE RESULTED AN OVERPAYMENT OF $1,800. YOUR HUSBAND STATES THAT HE RECEIVED NO LETTERS FROM YOU DURING THE PERIOD INVOLVED AND THAT HE WAS TOTALLY UNAWARE OF THE EXACT AMOUNTS YOU WERE RECEIVING AS ALLOTMENTS DURING THAT PERIOD.

AS A GENERAL RULE, LEGAL LIABILITY RESTS SOLELY ON THE PAYEES OF VOLUNTARY ALLOTMENTS OF PAY TO REFUND TO THE UNITED STATES OVERPAYMENTS RECEIVED BY THEM. HOWEVER, IF ERRONEOUS PAYMENTS ARE MADE AS A RESULT OF THE SERVICEMAN'S FRAUD, MISREPRESENTATION, OR MISTAKE, OR IF HE HAS NOTICE OR KNOWLEDGE THAT ERRONEOUS PAYMENTS ARE BEING MADE, HE IS JOINTLY LIABLE WITH THE PAYEE TO REFUND SUCH PAYMENTS. ON THE BASIS OF THE PRESENT RECORD, IT APPEARS THAT YOU ARE SOLELY LIABLE FOR THE OVERPAYMENTS TOTALING $1,800. ACCORDINGLY, IMMEDIATE STEPS SHOULD BE TAKEN BY YOU TO MAKE COMPLETE PAYMENTS OF THIS INDEBTEDNESS, OR TO SUBMIT AN ACCEPTABLE PLAN FOR ITS FINAL SETTLEMENT BY INSTALLMENTS, IN ORDER THAT FURTHER COLLECTION ACTION BY US WILL NOT BE NECESSARY. A STATEMENT OF YOUR INTENTIONS IN THE MATTER SHOULD BE FURNISHED THIS OFFICE WITHOUT DELAY. REFUNDS BY YOU SHOULD BE IN THE FORM OF BANK DRAFTS, CHECKS, OR MONEY ORDERS MADE PAYABLE TO "U.S. GENERAL ACCOUNTING OFFICE" AND FORWARDED TO THE CLAIMS DIVISION, UNITED STATES GENERAL ACCOUNTING OFFICE, POST OFFICE BOX 2610, WASHINGTON 13, D.C., REFERRING TO CLAIM NO. Z-72422.