B-142785, JUN. 22, 1960

B-142785: Jun 22, 1960

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YOU CONTEND THAT THESE RECORDS SHOW THAT YOU WERE NOT RESPONSIBLE OR ACCOUNTABLE FOR THE PROPERTY. THAT THE LOST PROPERTY WAS FOUND AFTER A COMPLETE INVENTORY WAS MADE IN VARIOUS COUNTRIES. THAT YOU REFUSED TO SIGN A CERTIFICATE OF ACCOUNTABILITY FOR THE PROPERTY IN QUESTION WHEN YOU ASSUMED COMMAND BECAUSE THE RECORDS WERE IN SUCH POOR ORDER. THAT YOU NEVER HAVE SIGNED SUCH A CERTIFICATE. WHICH WERE APPROVED BY AUTHORITY OF THE SECRETARY OF THE AIR FORCE. YOU WERE HELD PECUNIARILY LIABLE FOR LOSS OF AIR FORCE PROPERTY IN THE AMOUNT OF $4. THIS INDEBTEDNESS WAS CERTIFIED TO THE GENERAL ACCOUNTING OFFICE ON APRIL 12. THERE WAS ALLOWED TO YOU THE AMOUNT OF $27.72. SUCH AMOUNT WAS APPLIED IN PARTIAL LIQUIDATION OF THIS INDEBTEDNESS.

B-142785, JUN. 22, 1960

TO MR. RALPH O. CROSBY, SUN VALLEY, CALIFORNIA:

YOUR LETTER OF APRIL 18, 1960, IN REFERENCE TO OUR STATEMENT OF ACCOUNT DATED APRIL 11, 1960, WHICH CERTIFIED YOU TO BE INDEBTED TO THE UNITED STATES IN THE AMOUNT OF $4,817.96 FOR LOSS OF GOVERNMENT PROPERTY DURING YOUR SERVICE WITH THE UNITED STATES AIR FORCE, HAS BEEN RECEIVED. YOU STATE THAT 2 YEARS AGO YOU MADE AVAILABLE TO OUR LOS ANGELES OFFICE YOUR CERTIFICATE OF CLEARANCE AND ALL YOUR RECORDS AND AFFIDAVITS CONCERNING THIS INDEBTEDNESS. YOU CONTEND THAT THESE RECORDS SHOW THAT YOU WERE NOT RESPONSIBLE OR ACCOUNTABLE FOR THE PROPERTY; THAT THE LOST PROPERTY WAS FOUND AFTER A COMPLETE INVENTORY WAS MADE IN VARIOUS COUNTRIES; THAT THE LOSS OCCURRED PRIOR TO YOUR TAKING COMMAND OF THE UNIT; THAT YOU REFUSED TO SIGN A CERTIFICATE OF ACCOUNTABILITY FOR THE PROPERTY IN QUESTION WHEN YOU ASSUMED COMMAND BECAUSE THE RECORDS WERE IN SUCH POOR ORDER; AND THAT YOU NEVER HAVE SIGNED SUCH A CERTIFICATE.

BY 15 REPORTS OF SURVEY, INITIATED AT THE 1350TH PHOTOGRAPHIC GROUP, BURBANK, CALIFORNIA, JUNE 6, 1952, AND WHICH WERE APPROVED BY AUTHORITY OF THE SECRETARY OF THE AIR FORCE, YOU WERE HELD PECUNIARILY LIABLE FOR LOSS OF AIR FORCE PROPERTY IN THE AMOUNT OF $4,845.68. AS A RESULT OF ADMINISTRATIVE DETERMINATION BY AUTHORITY OF THE SECRETARY OF THE AIR FORCE, THIS INDEBTEDNESS WAS CERTIFIED TO THE GENERAL ACCOUNTING OFFICE ON APRIL 12, 1954, IN ACCORDANCE WITH THE PROVISIONS OF SECTIONS 1 AND 2 OF THE ACT OF MARCH 29, 1894, 28 STAT. 47, AS AMENDED, 31 U.S.C. 89 AND 90. BY OUR CERTIFICATE OF SETTLEMENT NO. 2240030, DATED JULY 29, 1954, THERE WAS ALLOWED TO YOU THE AMOUNT OF $27.72, REPRESENTING REIMBURSEMENT OF THE COST OF YOUR WIFE'S TRANSPORTATION FROM TRAVIS AIR FORCE BASE, CALIFORNIA, TO BURBANK, CALIFORNIA, AND SUCH AMOUNT WAS APPLIED IN PARTIAL LIQUIDATION OF THIS INDEBTEDNESS, LEAVING A BALANCE DUE OF $4,817.96 AS CERTIFIED IN OUR STATEMENT OF ACCOUNT DATED APRIL 11, 1960.

THE DOCUMENTS TO WHICH YOU REFER IN YOUR LETTER OF APRIL 18, HAVE BEEN EXAMINED. THE CLEARANCE CERTIFICATE WHICH YOU ALLEGE INDICATES THAT YOU WERE CLEARED OF LIABILITY FOR THE PROPERTY HERE IN QUESTION IS A STANDARD FORM USED FOR ALL OFFICERS PROCESSING IN OR OUT OF THE BASE AND MERELY SHOWS THAT YOU WERE PROPERLY PROCESSED THROUGH THE BASE FACILITIES LISTED THEREON AT THE TIME OF YOUR DEPARTURE FROM THAT BASE. THIS DOCUMENT MAKES NO REFERENCE TO AND HAS NOTHING TO DO WITH THE LOST PROPERTY FOR WHICH YOU ARE BEING HELD RESPONSIBLE. LIKEWISE, THE REMAINING DOCUMENTS FURNISHED TO OUR LOS ANGELES OFFICE DO NOT SUBSTANTIATE THE ALLEGATIONS MADE IN YOUR LETTER. WHILE IT APPEARS THAT YOUR STATEMENT THAT YOU DID NOT SIGN AND HAVE NOT SIGNED A CERTIFICATE OF ACCOUNTABILITY FOR THIS PROPERTY MAY BE CORRECT, AS YOU WERE ADVISED BY LETTER OF DECEMBER 7, 1953, FROM LT.COL. F. J. BLUME, USAF, CHIEF, ADJUDICATIONS BRANCH, YOU ARE BEING HELD PECUNIARILY LIABLE FOR FAILURE TO EXERCISE PROPER COMMAND SUPERVISION AND NOT BECAUSE YOU HAD SIGNED FOR THE PROPERTY. HENCE, WE HAVE NO ALTERNATIVE BUT TO CONTINUE TO HOLD YOU PECUNIARILY LIABLE FOR THE LOST PROPERTY.

IN ADDITION TO THE ABOVE INDEBTEDNESS FOR THE LOST PROPERTY, OUR CERTIFICATE OF INDEBTEDNESS DATED APRIL 19, 1960, CERTIFIES YOUR INDEBTEDNESS TO THE UNITED STATES IN THE NET AMOUNT OF $1,620.34. THIS INDEBTEDNESS CONSISTS OF $1,925 REPRESENTING NONDEDUCTION OF A CLASS E (VOLUNTARY) ALLOTMENT FROM YOUR PAY FOR THE PERIOD DECEMBER 1, 1945, THROUGH OCTOBER 31, 1946, AT THE RATE OF $175 A MONTH; $159.30REPRESENTING OVERPAYMENT OF ACCRUED LEAVE DURING THE PERIOD JULY 18, 1951, TO APRIL 1, 1953; AND $238.02 REPRESENTING OVERPAYMENT OF PAY AND ALLOWANCES FOR THE PERIOD OF JUNE 3 TO SEPTEMBER 28, 1952, LESS THE AMOUNT OF $701.98 REPAID BY YOU ON DISBURSING OFFICER VOUCHER NO. 8563 IN THE JANUARY 1947 ACCOUNTS OF A. L. RITCHIE. WHILE YOUR LETTER OF APRIL 18 MAKES NO REFERENCE TO THIS INDEBTEDNESS SINCE THE CERTIFICATE WAS ISSUED AFTER THE DATE OF THAT LETTER, PRIOR CORRESPONDENCE HAS ALLEGED REPAYMENT OF MOST OF THAT INDEBTEDNESS AND PART OF THE DOCUMENTS WHICH YOU FURNISHED TO OUR LOS ANGELES OFFICE PURPORTED TO SUPPORT THAT ALLEGATION. HOWEVER, AN EXAMINATION OF THOSE DOCUMENTS DISCLOSES THAT ONLY THE $701.98 REPAID ON DISBURSING OFFICER VOUCHER NO. 8563, WHICH HAS BEEN DEDUCTED FROM YOUR INDEBTEDNESS ON OUR CERTIFICATE AS STATED ABOVE, WAS APPLICABLE TO THIS PARTICULAR INDEBTEDNESS. THE OTHER REPAYMENTS EVIDENCED BY SAID DOCUMENTS PERTAINED TO OTHER UNRELATED ERRONEOUS PAYMENTS AND OVERPAYMENTS MADE TO YOU AND, OF COURSE, HAVE NO BEARING ON THE INDEBTEDNESS SHOWN IN OUR CERTIFICATE. HENCE YOUR INDEBTEDNESS TO THE UNITED STATES AS STATED IN OUR CERTIFICATE OF INDEBTEDNESS DATED APRIL 19, 1960, IS CORRECT.

THE AMOUNTS FOUND DUE ON THE STATEMENT OF ACCOUNT AND CERTIFICATE OF INDEBTEDNESS ABOVE REFERRED TO SHOULD BE REMITTED PROMPTLY TO THIS OFFICE BY CHECK, DRAFT, OR MONEY ORDER, PAYABLE TO THE TREASURER OF THE UNITED STATES. IF THE FULL AMOUNT, OR A SUBSTANTIAL INITIAL PAYMENT TOGETHER WITH A DEFINITE PLAN FOR THE SETTLEMENT OF THE BALANCE WITHIN A REASONABLE TIME, IS NOT SUBMITTED TO THIS OFFICE WITHIN 30 DAYS, YOUR DEBT WILL BE REPORTED TO THE DEPARTMENT OF JUSTICE FOR LEGAL ..END :

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