Skip to main content

B-144599, JAN. 25, 1961

B-144599 Jan 25, 1961
Jump To:
Skip to Highlights

Highlights

JR.: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 21. WHEREIN YOU STATE YOUR REASONS WHY YOU DO NOT BELIEVE YOU ARE REQUIRED TO PAY TO THE UNITED STATES THE SUM OF $770.50 ON ACCOUNT OF AN ERRONEOUS OVERPAYMENT TO YOU OF PER DIEM INCIDENT TO DUTY PERFORMED AT MARINE BARRACKS. THE INDEBTEDNESS WAS REFERRED TO THIS OFFICE BY HEADQUARTERS. YOU WERE TRANSFERRED FROM AN OVERSEAS ASSIGNMENT TO THE MARINE BARRACKS. WERE ASSIGNED TO MARINE LIAISON SECTION. WERE ASSIGNED DUTY THERE WHILE AWAITING FINAL ACTION ON FINDINGS OF THE PHYSICAL EVALUATION BOARD. YOU WERE TRANSFERRED ON PERMANENT CHANGE OF STATION TO MARINE BARRACKS. YOU WERE SUBSEQUENTLY DISCHARGED WITH SEVERANCE PAY ON FEBRUARY 22. YOU WERE PAID $779.50 AS PER DIEM FOR JULY 15.

View Decision

B-144599, JAN. 25, 1961

TO MR. IRVIN L. NORFLEET, JR.:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 21, 1960, WHEREIN YOU STATE YOUR REASONS WHY YOU DO NOT BELIEVE YOU ARE REQUIRED TO PAY TO THE UNITED STATES THE SUM OF $770.50 ON ACCOUNT OF AN ERRONEOUS OVERPAYMENT TO YOU OF PER DIEM INCIDENT TO DUTY PERFORMED AT MARINE BARRACKS, NAVAL STATION, TREASURE ISLAND, CALIFORNIA, DURING THE PERIOD JULY 15 THROUGH NOVEMBER 4, 1959, AS ACTING SERGEANT, E-4, USMCR. THE INDEBTEDNESS WAS REFERRED TO THIS OFFICE BY HEADQUARTERS, UNITED STATES MARINE CORPS, AS BEING UNCOLLECTIBLE BY THE MARINE CORPS, FOR FURTHER ACTION TO EFFECT COLLECTION. HONORABLE THOMAS B. CURTIS, HOUSE OF REPRESENTATIVES, HAS INDICATED AN INTEREST IN THE MATTER AND HAS REQUESTED THAT WE ADVISE HIM AS TO THE DISPOSITION OF YOUR REQUEST.

THE RECORD INDICATES THAT BY BRIGADE SPECIAL ORDER NO. 384-59, HEADQUARTERS, FIRST MARINE BRIGADE, FLEET MARINE FORCE, DATED JUNE 29, 1959, AS AMENDED BY BRIGADE SPECIAL ORDER NO. 387-59 OF THE SAME COMMAND, DATED JUNE 30, 1959, YOU WERE TRANSFERRED FROM AN OVERSEAS ASSIGNMENT TO THE MARINE BARRACKS, NAVAL STATION, SAN FRANCISCO, CALIFORNIA, AND DIRECTED TO REPORT TO THE NAVY HOSPITAL, OAKLAND, CALIFORNIA, FOR STUDY AND APPEARANCE BEFORE A PHYSICAL EVALUATION BOARD EFFECTIVE JULY 13, 1959, THE MOVEMENT BEING DESIGNATED A PERMANENT CHANGE OF STATION. IT APPEARS THAT ON JULY 15, 1959, YOU REPORTED AT THE MARINE BARRACKS, U.S. NAVAL STATION, AT TREASURE ISLAND, SAN FRANCISCO, AS DIRECTED, AND WERE ASSIGNED TO MARINE LIAISON SECTION, U.S. NAVAL HOSPITAL, AT OAKLAND. ON AUGUST 26, 1959, YOU RETURNED TO THE MARINE BARRACKS AT TREASURE ISLAND, AND WERE ASSIGNED DUTY THERE WHILE AWAITING FINAL ACTION ON FINDINGS OF THE PHYSICAL EVALUATION BOARD. BY ORDERS DATED NOVEMBER 4, 1959, YOU WERE TRANSFERRED ON PERMANENT CHANGE OF STATION TO MARINE BARRACKS, NAVAL BASE, PHILADELPHIA, PENNSYLVANIA, FOR SUBSEQUENT ADMISSION TO THE NAVAL HOSPITAL AT PHILADELPHIA FOR TESTS AND APPEARANCE BEFORE A PHYSICAL EVALUATION BOARD, AND YOU WERE SUBSEQUENTLY DISCHARGED WITH SEVERANCE PAY ON FEBRUARY 22, 1960, BY REASON OF PHYSICAL DISABILITY.

BY D.O. VOUCHER NO. 20,908, DATED NOVEMBER 6, 1959, YOU WERE PAID $779.50 AS PER DIEM FOR JULY 15, 1959, AND FROM AUGUST 26 THROUGH NOVEMBER 4, 1959, WHILE YOU WERE AT TREASURE ISLAND, LESS 695 PREVIOUSLY RECEIVED AS AN ADVANCE PAYMENT INCIDENT TO YOUR CHANGE OF STATION. SUBSEQUENT TO YOUR TRANSFER TO MARINE BARRACKS AT PHILADELPHIA UNDER THE ORDERS OF NOVEMBER 4, 1959, YOU WERE PAID A DISLOCATION ALLOWANCE. BY LETTER OF MAY 6, 1960, YOU WERE ADVISED BY THE MARINE CORPS THAT YOU HAD BEEN OVERPAID $770.50 REPRESENTING THE PER DIEM RECEIVED BY YOU INCIDENT TO DUTY PERFORMED AT YOUR PERMANENT DUTY STATION AT TREASURE ISLAND, AND YOU WERE REQUESTED TO LIQUIDATE THE INDEBTEDNESS. IN YOUR REPLY DATED MAY 17, 1960, YOU DENIED LIABILITY, STATING THAT YOU WERE NEVER ENTERED AS PERMANENT PERSONNEL AT THE MARINE BARRACKS, TREASURE ISLAND, YOU WERE NOT ALLOWED TO APPLY FOR GOVERNMENT HOUSING BECAUSE YOUR ORDERS WERE CONSIDERED TEMPORARY DUTY ORDERS AWAITING FURTHER ORDERS, AND YOU WERE TOLD THAT IF YOU TOOK YOUR HOUSEHOLD EFFECTS OUT OF STORAGE YOU WOULD BE LIABLE FOR SHIPPING CHARGES TO YOUR PERMANENT DUTY STATION. IN SUBSEQUENT LETTERS YOU STATED THAT YOU WERE ENTITLED TO DISLOCATION ALLOWANCE ON TRANSFER FROM SAN FRANCISCO AND FURTHERMORE THAT YOU SHOULD BE REIMBURSED FOR THE MONEY YOU SPENT BY NOT OBTAINING GOVERNMENT HOUSING OR IN NOT GETTING YOUR EFFECTS OUT OF STORAGE.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (A), PROVIDES AUTHORITY, UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, FOR THE PAYMENT TO MEMBERS OF THE UNIFORMED SERVICES OF TRAVEL AND TRANSPORTATION ALLOWANCES, INCLUDING PER DIEM ALLOWANCES, ONLY "WHEN AWAY FROM THEIR DESIGNATED POSTS OF DUTY.' PARAGRAPH 1150-10A OF THE JOINT TRAVEL REGULATIONS, PROMULGATED UNDER THOSE PROVISIONS, DEFINES THE MEMBER'S DESIGNATED POST OF DUTY OR PERMANENT DUTY STATION TO BE THE POST OF DUTY OR OFFICIAL STATION TO WHICH HE IS ASSIGNED OR ATTACHED FOR DUTY OTHER THAN TEMPORARY DUTY. UNDER YOUR ORDERS OF JUNE 29, 1959, YOU WERE TRANSFERRED ON PERMANENT CHANGE OF STATION TO THE MARINE BARRACKS AT TREASURE ISLAND AND DIRECTED TO REPORT TO THE NAVAL HOSPITAL AT OAKLAND FOR STUDY AND APPEARANCE BEFORE A PHYSICAL EVALUATION BOARD. TREASURE ISLAND WAS YOUR ASSIGNED DUTY STATION UNDER SUCH ORDERS, AND CONSEQUENTLY NO AUTHORITY EXISTED UNDER THE CITED STATUTORY PROVISIONS FOR THE PAYMENT TO YOU OF PER DIEM FOR ANY PERIOD WHILE YOU WERE AT THAT STATION.

IN THE LETTER OF MAY 6, 1960, WHICH NOTIFIED YOU OF THE OVERPAYMENT, IT WAS ADMITTED THAT AN ERROR WAS MADE IN PAYING YOU TRAVEL PER DIEM ALLOWANCE FOR THE PERIOD YOU WERE AT YOUR PERMANENT DUTY STATION AT TREASURE ISLAND. HOWEVER, IT IS WELL ESTABLISHED THAT THE GOVERNMENT, INDEPENDENTLY OF STATUTE, MAY RECOVER FUNDS WHICH ITS AGENTS HAVE WRONGFULLY, ERRONEOUSLY OR ILLEGALLY PAID. THIS IS BASED ON A PRINCIPLE OF LONG STANDING THAT A PERSON WHO RECEIVES ERRONEOUS PAYMENTS FROM THE UNITED STATES THROUGH ADMINISTRATIVE ERROR OF ITS OFFICERS IS BOUND IN EQUITY AND GOOD CONSCIENCE TO MAKE RESTITUTION. SEE WISCONSIN CENTRAL RAILROAD CO. V. UNITED STATES, 164 U.S. 190. EVEN FINANCIAL HARDSHIPS WHICH MIGHT RESULT FROM COLLECTION FROM THE RECIPIENT, OR THE FACT THAT THE PAYMENT MAY HAVE BEEN RECEIVED IN GOOD FAITH CANNOT STAND AGAINST THE INJUSTICE OF KEEPING WHAT NEVER RIGHTFULLY BELONGED TO HIM AT ALL. UNITED STATES V. BENTLEY, 107 F.2D 382, 384. IT APPEARS, HOWEVER, THAT YOU WERE REQUIRED TO OBTAIN YOUR MEALS AT OTHER THAN GOVERNMENT FACILITIES WHILE ON DUTY AT TREASURE ISLAND, WITH THE EXCEPTION OF 3 MEALS (TWO ON JULY 15 AND ONE ON AUGUST 26), AN ENDORSEMENT OF THE COMMANDING OFFICER, MARINE BARRACKS, U.S. NAVAL STATION, TREASURE ISLAND, DATED JULY 15, 1959, TO YOUR ORDERS OF JUNE 30, 1959, STATING THAT THERE WERE NO MESSING FACILITIES AVAILABLE FOR YOU AND YOUR DEPENDENTS AT THAT COMMAND. IT IS OUR VIEW, THEREFORE, THAT YOU WERE ENTITLED TO A DAILY SUBSISTENCE ALLOWANCE OF $2.57, THE RATE PRESCRIBED BY LAW FOR AN ENLISTED MAN WHERE RATIONS IN KIND ARE NOT AVAILABLE, FOR JULY 15, 1959, AND FROM AUGUST 26 THROUGH NOVEMBER 4, 1959, LESS CREDIT FOR THE THREE MEALS FURNISHED, OR A TOTAL OF $182.47, WHICH AMOUNT IS BEING APPLIED TO REDUCE YOUR INDEBTEDNESS TO $588.03. IT APPEARS THAT YOU WERE CREDITED FOR BASIC ALLOWANCE FOR QUARTERS AS FOR A MEMBER WITH DEPENDENTS DURING THE PERIOD INVOLVED AND, THEREFORE, ARE NOT ENTITLED TO ANY ADDITIONAL QUARTERS ALLOWANCE. AS FOR DISLOCATION ALLOWANCE, YOU ARE ENTITLED TO ONLY ONE SUCH ALLOWANCE DURING ANY FISCAL YEAR UNDER APPLICABLE STATUTES AND SINCE YOU WERE CREDITED DISLOCATION ALLOWANCE UPON YOUR TRANSFER TO PHILADELPHIA, WHICH AMOUNT WAS NOT INCLUDED IN THE AMOUNTS FOUND OVERPAID YOU, YOU ARE NOT ENTITLED TO ANY FURTHER CREDIT.

ACCORDINGLY, YOU ARE REQUESTED TO REMIT THE SUM OF $588.03 YOU OWE THE UNITED STATES. IT WILL BE AGREEABLE IF YOU SUBMIT AN INITIAL PAYMENT TOGETHER WITH A SATISFACTORY PLAN FOR PAYMENT OF THE BALANCE ON A MONTHLY INSTALLMENT BASIS COMMENSURATE WITH YOUR ABILITY TO PAY WHICH WILL ASSURE LIQUIDATION IN FULL WITHIN A REASONABLE PERIOD OF TIME. PAYMENT SHOULD BE MADE TO THE U.S. GENERAL ACCOUNTING OFFICE, POST OFFICE BOX 2610, WASHINGTON 13, D.C. ..END :

GAO Contacts

Office of Public Affairs