B-131415, JUN. 5, 1958

B-131415, JUN. 5, 1958

TO MR. MARTIN W. MILOT:

REFERENCE IS MADE TO YOUR LETTER DATED APRIL 7, 1958, CONCERNING YOUR INDEBTEDNESS TO THE UNITED STATES IN THE SUM OF $600. THIS INDEBTEDNESS AROSE AS A RESULT OF OUR SETTLEMENT IN YOUR FAVOR, WHICH WAS RELEASED BY OUR OFFICE ON TRANSMITTAL NO. 42848, DATED MAY 11, 1956, IN WHICH YOU WERE ERRONEOUSLY ALLOWED PER DIEM INCIDENT TO THE PERFORMANCE OF TEMPORARY DUTY AT EDWARDS AIR FORCE BASE, CALIFORNIA, DURING THE PERIOD FEBRUARY 26 TO JUNE 27, 1953. THIS PAYMENT OF PER DIEM ALLOWANCE WAS ERRONEOUS BECAUSE THE RECORD SHOWED YOUR TOUR OF TEMPORARY DUTY AT EDWARDS AIR FORCE BASE WAS FIELD DUTY--- AS CONTEMPLATED BY PARAGRAPH 26, DEPARTMENT OF THE ARMY SPECIAL REGULATIONS NO. 35-3080-5 DATED AUGUST 26, 1952--- WITH ADEQUATE QUARTERS AND MESSING FACILITIES AVAILABLE, AND IN SUCH CASES PARAGRAPH 4201-7, JOINT TRAVEL REGULATIONS, PROHIBITS THE PAYMENT OF PER DIEM. THE FACTS OF THE MATTER AND THE REASONS FOR YOUR INDEBTEDNESS WERE STATED IN A LETTER FROM OUR CLAIMS DIVISION TO YOU DATED NOVEMBER 6, 1956, AND NEED NOT BE REPEATED HERE. UPON YOUR REQUEST FOR RECONSIDERATION WE CAREFULLY REVIEWED THE FACTS AND THE LAW INVOLVED IN THE CASE AND IN OUR DECISION TO YOU, B-131415, DATED JULY 3, 1957, WE SUSTAINED THE ACTION TAKEN BY OUR CLAIMS DIVISION. PURSUANT TO YOUR REQUEST OF SEPTEMBER 30, 1957, WE AGAIN REVIEWED THE MATTER, AND ON NOVEMBER 6, 1957, WE ADVISED YOU THAT SINCE YOUR LETTER FURNISHED NO INFORMATION NOT CONSIDERED BY US IN REACHING THE DECISION OF JULY 3, 1957, IT AFFORDED NO LEGAL BASIS FOR MODIFYING THAT DECISION.

IN YOUR PRESENT LETTER YOU REFER TO THE SETTLEMENT DATED MAY 11, 1956, ON WHICH YOU RECEIVED THE ERRONEOUS PAYMENT. YOU APPEAR TO QUESTION OUR AUTHORITY TO REVISE A SETTLEMENT WHICH WE HAVE CERTIFIED FOR PAYMENT.

YOU ARE ADVISED THAT, IN ACCORDANCE WITH SETTLED PRECEDENTS OF MANY YEARS' STANDING, THE AUTHORITY OF THE COMPTROLLER GENERAL TO REVISE A SETTLEMENT OF A CLAIM BY THIS OFFICE IS INHERENT, AND IS DERIVED FROM THE STATUTORY MANDATE TO SETTLE AND ADJUST ALL CLAIMS BY OR AGAINST THE UNITED STATES, AS DIRECTED BY SECTION 236 OF THE REVISED STATUTES, AS AMENDED, 31 U.S.C. 71. MOREOVER, THE COURTS OF THE UNITED STATES DEFINITELY HAVE ESTABLISHED THE RULE THAT MONEY PAID OUT ON AN ERRONEOUS DETERMINATION OF LAW BY OFFICERS OF THE GOVERNMENT MAY BE RECOVERED FROM THE RECIPIENT. SEE 22 COMP. GEN. 952 AND THE AUTHORITIES THEREIN CITED. HENCE, THERE IS NO LEGAL BASIS FOR RELIEVING YOU OF YOUR RESPONSIBILITY FOR MAKING REFUND OF THE ERRONEOUS PAYMENT.

ACCORDINGLY, YOU ARE AGAIN REQUESTED TO PROMPTLY REMIT TO THIS OFFICE THE AMOUNT OF THE ERRONEOUS PAYMENT RECEIVED ($600). PAYMENT SHOULD BE MADE BY CHECK OR MONEY ORDER PAYABLE TO ,U.S. GENERAL ACCOUNTING OFFICE" AND SHOULD BE MAILED TO THE UNITED STATES GENERAL ACCOUNTING OFFICE, POST OFFICE BOX 2610, WASHINGTON, D.C. ..END :