B-134104, APR. 23, 1958

B-134104, APR. 23, 1958

TO MR. JOHN R. SCHNEIDER:

WE HAVE RECEIVED FROM YOUR ATTORNEY, E. W. MILLER, ESQUIRE A LETTER DATED JANUARY 31, 1958, FURTHER CONCERNING YOUR INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $264 RESULTING FROM FAMILY ALLOWANCE PAYMENTS MADE TO DOROTHY SCHNEIDER, YOUR FORMER WIFE, FOR THE PERIOD FROM JANUARY 1 THROUGH DECEMBER 31, 1944, INCIDENT TO YOUR ACTIVE SERVICE AS AN ENLISTED MAN, UNITED STATES NAVAL RESERVE.

NUMEROUS LETTERS HAVE BEEN WRITTEN TO YOU CONCERNING THIS MATTER. IN OUR LETTER DATED NOVEMBER 1, 1957, B-134104, YOU WERE ADVISED THAT BY AN ENDORSEMENT DATED DECEMBER 1, 1945, THE DISBURSING OFFICER AT TERMINAL ISLAND, SAN PEDRO, CALIFORNIA, REPORTED THAT YOU HAD BEEN CREDITED WITH ALL FAMILY ALLOWANCE CHECK AGES FROM JANUARY 1, 1944, TO THAT DATE, OR THROUGH NOVEMBER 1945. SUCH CHECK AGES TOTALED $506. SINCE FAMILY ALLOWANCE PAYMENTS WERE MADE TO DOROTHY SCHNEIDER THROUGH DECEMBER 1944 AND SINCE YOUR FINAL DIVORCE DECREE WAS NOT ENTERED UNTIL JANUARY 2, 1945, YOU WERE ADVISED THAT THE AMOUNT OF $264, REPRESENTING CHECK AGES FOR THE PERIOD FROM JANUARY 1 THROUGH DECEMBER 31, 1944, WAS ERRONEOUSLY INCLUDED IN THE AMOUNT OF $506 SO CREDITED AND THAT BECAUSE OF SUCH ERRONEOUS CREDIT THERE RESULTED AN OVERPAYMENT TO YOU IN THE AMOUNT OF $264.

IN OUR LETTER DATED DECEMBER 27, 1957, B-134104, YOU WERE FURNISHED A STATEMENT OF YOUR PAY ACCOUNT FOR THE PERIOD FROM JULY 1 TO NOVEMBER 16, 1945, BASED ON THE ENTRIES ON YOUR NAVY PAY RECORD CARD (NAV.S. AND A. FORM 500) FOR THAT PERIOD. IN THE STATEMENT OF ACCOUNT IT WAS SHOWN THAT YOU WERE CREDITED WITH THE AMOUNT OF $506, AS REFUND OF FAMILY ALLOWANCE DEDUCTIONS, AT $22 A MONTH, FOR THE PERIOD FROM JANUARY 1944 THROUGH NOVEMBER 1945, AND THAT A CORRESPONDING PAYMENT OF $506 WAS MADE TO YOU. YOU WERE ADVISED THAT THE PAY RECORD INVOLVED DOES NOT SHOW THE EXACT DATE WHEN THE PAYMENT IN THE AMOUNT OF $506 WAS MADE. YOU WERE ALSO ADVISED THAT YOUR PROPOSAL TO LIQUIDATE THE INDEBTEDNESS IN THE AMOUNT OF $264 BY PAYMENTS OF $10 A MONTH IS SATISFACTORY AND THAT SUCH PAYMENTS SHOULD BE COMMENCED IMMEDIATELY.

IN HIS LETTER DATED JANUARY 31, 1958, MR. MILLER SAYS THAT YOU HAVE EXAMINED OUR LETTER DATED DECEMBER 27, 1957, AND THAT YOU CANNOT UNDERSTAND WHY, IF THE AMOUNT OF $506 WAS PAID TO YOU AS A REFUND, THE RECORDS DO NOT SHOW WHEN IT WAS PAID AND THE DATE OF TRANSMITTAL. HE ALSO SAYS THAT YOU DO NOT HAVE A RECORD OF "WHAT AMOUNT WAS RECEIVED" AND ASKS THAT WE OBTAIN AND FORWARD FOR INSPECTION "A PHOTOSTAT OF THE REMITTANCE AND THE ENDORSEMENT THEREON.'

THE PAYMENT OF THE AMOUNT OF $506 WAS COVERED BY CHECK NO. 33,481, DATED DECEMBER 6, 1945, DRAWN TO YOUR ORDER BY G. L. OWEN, SYMBOL NO. 52-0005, AS EVIDENCED BY VOUCHER NO. 1453-46 IN HIS ACCOUNTS FOR DECEMBER 1945. OUR RECORDS INDICATE THAT THE CHECK IN QUESTION WAS NEGOTIATED IN DUE COURSE AND PAID BY THE TREASURER OF THE UNITED STATES AND THAT IT HAS BEEN DESTROYED PURSUANT TO LAW BECAUSE OF ITS AGE. THEREFORE, A COPY OF THE CHECK CANNOT BE FURNISHED. SEE UNITED STATES V. TEEHAN, 140 F.SUPP. 465.

SINCE THE RECORDS CLEARLY SHOW THAT YOU WERE OVERPAID IN THE AMOUNT OF $264, THERE APPEARS TO BE NO REASON FOR ANY FURTHER DELAY IN THIS MATTER. ACCORDINGLY, YOUR INSTALLMENT PAYMENTS SHOULD BEGIN IMMEDIATELY.