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A-17131, FEBRUARY 11, 1927, 6 COMP. GEN. 522

A-17131 Feb 11, 1927
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Highlights

PERMITTING WAIVER OF RECOVERY OF ILLEGAL PAYMENTS OF COMPENSATION TO A BENEFICIARY WHEN IN THE JUDGMENT OF THE DIRECTOR OF THE VETERANS' BUREAU THE BENEFICIARY WAS WITHOUT FAULT. FURNISH NO AUTHORITY FOR CREDITING A DISALLOWANCE IN A DISBURSING OFFICER'S ACCOUNT FOR AN ILLEGAL PAYMENT MADE ON AN ERRONEOUS COMPUTATION WHICH WAS CLEARLY APPARENT ON THE FACE OF THE VOUCHER. WHEREIN CREDIT WAS DISALLOWED FOR AN OVERPAYMENT OF $59.98 (THE AMOUNT OF THE OVERPAYMENT WAS IN FACT $60.07) TO BEN OSCAR SHEDD. THE OVERPAYMENT WAS DUE TO AN ERROR IN CALCULATION. THE PAYMENT WAS OF COMPENSATION FOR THE PERIOD FROM FEBRUARY 7. THE AMOUNT EXTENDED WAS $288.41 INSTEAD OF $228.34. COLLECTION OF THE OVERPAYMENT FROM THE BENEFICIARY WAS WAIVED BY THE DIRECTOR OF THE VETERANS' BUREAU UNDER THE AUTHORITY OF SECTION 28 OF THE WORLD WAR VETERANS' ACT OF 1924.

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A-17131, FEBRUARY 11, 1927, 6 COMP. GEN. 522

DISBURSING OFFICERS - LIABILITY THE PROVISIONS OF SECTION 28 OF THE WORLD WAR VETERANS' ACT OF JUNE 7, 1924, 43 STAT. 615, PERMITTING WAIVER OF RECOVERY OF ILLEGAL PAYMENTS OF COMPENSATION TO A BENEFICIARY WHEN IN THE JUDGMENT OF THE DIRECTOR OF THE VETERANS' BUREAU THE BENEFICIARY WAS WITHOUT FAULT, FURNISH NO AUTHORITY FOR CREDITING A DISALLOWANCE IN A DISBURSING OFFICER'S ACCOUNT FOR AN ILLEGAL PAYMENT MADE ON AN ERRONEOUS COMPUTATION WHICH WAS CLEARLY APPARENT ON THE FACE OF THE VOUCHER.

DECISION BY COMPTROLLER GENERAL MCCARL, FEBRUARY 11, 1927:

REVIEW HAS BEEN REQUESTED OF SETTLEMENT M-19361-V, DATED AUGUST 26, 1926, OF THE ACCOUNTS OF L. S. MCCRACKEN, SPECIAL DISBURSING AGENT, UNITED STATES VETERANS' BUREAU, WHEREIN CREDIT WAS DISALLOWED FOR AN OVERPAYMENT OF $59.98 (THE AMOUNT OF THE OVERPAYMENT WAS IN FACT $60.07) TO BEN OSCAR SHEDD, C-320876, A VETERANS' BUREAU BENEFICIARY.

THE OVERPAYMENT WAS DUE TO AN ERROR IN CALCULATION. THE PAYMENT WAS OF COMPENSATION FOR THE PERIOD FROM FEBRUARY 7, 1920, TO FEBRUARY 7, 1922, AT $9.50 PER MONTH. THE AMOUNT EXTENDED WAS $288.41 INSTEAD OF $228.34, AN ERROR CLEARLY APPARENT ON THE FACE OF THE VOUCHER.

COLLECTION OF THE OVERPAYMENT FROM THE BENEFICIARY WAS WAIVED BY THE DIRECTOR OF THE VETERANS' BUREAU UNDER THE AUTHORITY OF SECTION 28 OF THE WORLD WAR VETERANS' ACT OF 1924, 43 STAT. 615, WHICH AUTHORIZES WAIVER OF RECOVERY OF PAYMENTS MADE A BENEFICIARY WHEN IN THE JUDGMENT OF THE DIRECTOR OF THE VETERANS' BUREAU THE BENEFICIARY WAS WITHOUT FAULT AND SUCH RECOVERY WOULD DEFEAT THE PURPOSE OF BENEFITS OTHERWISE AUTHORIZED OR WOULD BE AGAINST EQUITY AND GOOD CONSCIENCE.

THE STATUTE AUTHORIZING THE WAIVING OF RECOVERY FROM THE BENEFICIARY IS FOR THE BENEFIT OF THE BENEFICIARY ONLY, THERE BEING NOTHING IN SAID PROVISIONS TO INDICATE AN INTENT TO RELIEVE A DISBURSING OFFICER FROM THE CONSEQUENCE OF MAKING AN ERRONEOUS PAYMENT DUE TO AN ERROR CLEARLY APPARENT ON THE FACE OF THE VOUCHER ON WHICH PAYMENT WAS MADE. THE ERROR IN THIS CASE WAS A MATHEMATICAL ERROR IN COMPUTATION WHICH MIGHT HAVE BEEN DETECTED AND CORRECTED HAD THE VOUCHER RECEIVED AN ADEQUATE EXAMINATION BY THE DISBURSING OFFICER PRIOR TO PAYMENT. SEE IN THIS CONNECTION 2 COMP. GEN. 144.

UPON REVIEW THE SETTLEMENT DISALLOWING CREDIT FOR THE ITEM IN QUESTION IS SUSTAINED.

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