A-15290, SEPTEMBER 21, 1926, 6 COMP. GEN. 197

A-15290, SEPTEMBER 21, 1926, 6 COMP. GEN. 197

SET-OFF - OVERDRAWN CLOTHING ACCOUNT OF MARINE CORPS ENLISTED MAN THE VALUE OF CLOTHING OVERDRAWN BY AN ENLISTED MAN OF THE MARINE CORPS IS AN INDEBTEDNESS DUE THE GOVERNMENT AND SHOULD BE OFFSET ON DATE OF DISCHARGE AGAINST ANY CREDIT DUE HIM FOR SAVINGS DEPOSIT AND INTEREST.

COMPTROLLER GENERAL MCCARL TO THE PAYMASTER, UNITED STATES MARINE CORPS, SEPTEMBER 21, 1926:

THERE HAS BEEN RECEIVED YOUR LETTER OF MAY 4, 1925, REQUESTING REVIEW OF DISALLOWANCE IN THE DISBURSING ACCOUNT OF CAPT. HUGH SHIPPEY, FORMER A.P.M., UNITED STATES MARINE CORPS, OF CREDIT FOR PAYMENT OF DEPOSIT AND INTEREST IN THE AMOUNT OF $20.92 TO IRA L. BARBER, PRIVATE, UNITED STATES MARINE CORPS, IN THE THIRD QUARTER, 1925.

IT APPEARS THAT BARBER WAS GIVEN A BAD-CONDUCT DISCHARGE ON MARCH 11, 1924, AT WHICH TIME HE WAS PAID $9.10 AS TRAVEL ALLOWANCE AND $20.92 DEPOSIT AND INTEREST. IN FINAL STATEMENT OF HIS ACCOUNT HE WAS CHARGED WITH $23.44, OVERDRAWN CLOTHING, AND WAS OVERPAID ON DISCHARGE $22.14. THE DISALLOWANCE WAS BASED ON THE GROUND THAT THE DEPOSIT AND INTEREST PAID HIM ON DISCHARGE SHOULD HAVE BEEN USED TO OFFSET HIS INDEBTEDNESS FOR OVERDRAWN CLOTHING.

THE DEPOSITS OF SAVINGS OF ENLISTED MEN OF THE NAVY OR MARINE CORPS AUTHORIZED BY THE ACTS OF FEBRUARY 9, 1889, 25 STAT. 657, AND JUNE 29, 1906, 34 STAT. 579, ARE NOT EXEMPT FROM DEBTS DUE THE UNITED STATES. COMP. DEC. 566. WHETHER THE OVERDRAWN-CLOTHING CHARGE SHOULD HAVE BEEN OFFSET AGAINST THE DEPOSIT AND INTEREST TO BARBER'S CREDIT WHEN DISCHARGED DEPENDS ON WHETHER SUCH CHARGE CONSTITUTES AN INDEBTEDNESS TO THE UNITED STATES.

YOU STATE THAT THE CHARGE IN QUESTION WAS DUE TO AN OVERISSUE OF CLOTHING INCURRED UNDER THE REGULATIONS OF THE MARINE CORPS WHICH PERMIT A MAN TO DRAW CLOTHING IN EXCESS OF HIS ACCUMULATED CREDIT PROVIDED THE AMOUNT DUE FOR THE YEAR IS NOT EXCEEDED, AND THAT ONLY WHEN ISSUES EXCEED THE AMOUNT DUE FOR THE YEAR IS THE EXCESS CHARGED AGAINST THEMAN'S CURRENT PAY; THAT THE AMOUNT BARBER DREW IN EXCESS OF HIS ACCUMULATED CREDIT WAS NOT IN EXCESS OF THE AMOUNT DUE HIM FOR THE CURRENT YEAR AND WOULD NOT HAVE BEEN CHECKED HAD BARBER REMAINED IN THE SERVICE; THAT SUCH OVERISSUE BEING IN ACCORDANCE WITH THE REGULATIONS AND CUSTOMS OF THE SERVICE, IS NOT AN INDEBTEDNESS DUE THE GOVERNMENT.

ENLISTED MEN OF THE MARINE CORPS ARE ENTITLED TO AN ANNUAL ALLOWANCE OF UNIFORM CLOTHING BY REASON OF ASSIMILATION OF THEIR PAY AND ALLOWANCES TO ENLISTED MEN OF THE ARMY UNDER SECTION 1612, REVISED STATUTES, 4 COMP. DEC. 26. SECTION 1302, REVISED STATUTES, PROVIDES:

THE MONEY VALUE OF ALL CLOTHING OVERDRAWN BY THE SOLDIER BEYOND HIS ALLOWANCE SHALL BE CHARGED AGAINST HIM, EVERY SIX MONTHS, ON THE MUSTER- ROLL OF HIS COMPANY, OR ON HIS FINAL STATEMENTS IF SOONER DISCHARGED, AND HE SHALL RECEIVE PAY FOR SUCH ARTICLES OF CLOTHING AS HAVE NOT BEEN ISSUED TO HIM IN ANY YEAR, OR WHICH MAY BE DUE TO HIM AT THE TIME OF HIS DISCHARGE, ACCORDING TO THE ANNUAL ESTIMATED VALUE THEREOF. THE AMOUNT DUE HIM FOR CLOTHING, WHEN HE DRAWS LESS THAN HIS ALLOWANCE, SHALL NOT BE PAID TO HIM UNTIL HIS FINAL DISCHARGE FROM THE SERVICE.

PURSUANT TO THAT STATUTE, ARTICLE 219, MANUAL, PAYMASTER'S DEPARTMENT, MARINE CORPS, 1918, PROVIDES THAT THE CLOTHING ACCOUNTS OF ALL MEN WILL BE SETTLED SEMIANNUALLY ON MARCH 31 AND SEPTEMBER 30, EXCEPT AS MAY BE NECESSARY TO SETTLE INDIVIDUAL ACCOUNTS BY REASON OF DISCHARGE, ETC. ARTICLE 225 THEREOF DIRECTS THAT WHEN AN ENLISTED MAN'S CLOTHING ALLOWANCE FOR ANY YEAR OF AN ENLISTMENT, TOGETHER WITH CREDITS DUE FROM PRIOR YEARS, HAS BEEN EXHAUSTED, THE AMOUNT IN EXCESS, TOGETHER WITH THE MONEY VALUE OF ANY SUBSEQUENT ISSUES DURING THAT YEAR, WILL BE CHECKED AGAINST HIS PAY ON THE PAY ROLL OF THE MONTH IN WHICH THE ISSUES ARE MADE, AND ARTICLE 228 REQUIRES THAT OFFICERS FAILING TO MAKE CHECK AGES ON ACCOUNT OF EXCESSIVE ISSUES WILL BE HELD RESPONSIBLE FOR ALL LOSSES TO THE GOVERNMENT BY REASON OF SUCH FAILURE.

THE LAW AND REGULATIONS CONTEMPLATE A DEFINITE QUANTITY OF CLOTHING TO BE ISSUED TO EACH MAN FOR EACH YEAR OF HIS ENLISTMENT. THE MAN'S RIGHT TO SUCH ALLOWANCE OR THE MONEY VALUE THEREOF DOES NOT ACCRUE IN ADVANCE OF SERVICE RENDERED. 1 COMP. GEN. 335. WHEN A MAN HAS OVERDRAWN HIS ACCUMULATED CLOTHING ALLOWANCE AT ANY TIME A SETTLEMENT IS MADE, THE LAW PRESCRIBES THAT THE MONEY VALUE THEREOF "SHALL BE CHARGED AGAINST HIM," AND IT IS AN INDEBTEDNESS DUE THE GOVERNMENT. THE FACT THAT THE LAW FIXES STATED INTERVALS FOR SETTLEMENT OF HIS CLOTHING ACCOUNT DOES NOT ENTITLE HIM TO CLOTHING CREDIT FOR THE FULL PERIOD OF SUCH TIME REGARDLESS OF SERVICE RENDERED. IF THE TOTAL DRAWN EXCEEDS HIS CREDIT, THE EXCESS IS CHARGEABLE TO THE MAN'S ACCOUNT WHETHER SETTLEMENT IS MADE AT CLOSE OF THE SIX MONTHS' PERIOD OR AT DATE OF DISCHARGE. DECISION 32 MS. COMP. DEC. 269, JANUARY 28, 1905.

THE VALUE OF THE CLOTHING OVERDRAWN BY BARBER AT DATE OF DISCHARGE WAS AN INDEBTEDNESS DUE THE GOVERNMENT, AND SHOULD HAVE BEEN OFFSET AGAINST CREDIT DUE HIM FOR DEPOSIT AND INTEREST ON DATE OF DISCHARGE.