B-134904, APR. 28, 1958

B-134904, APR. 28, 1958

TO MR. LESLIE MILLER:

WE HAVE RECEIVED FROM YOUR ATTORNEY, MR. WILLIAM M. HOUSER, JR., A LETTER DATED MARCH 28, 1958, REFERRING TO OUR LETTER DATED FEBRUARY 17, 1958, B- 134904, REGARDING AN INDEBTEDNESS RESULTING FROM FAMILY ALLOWANCE PAYMENTS MADE TO BYRLE MARGARET MILLER, YOUR FORMER WIFE, FOR THE PERIOD FROM MAY 1944 THROUGH FEBRUARY 1945, WHILE YOU WERE SERVING AS AN ENLISTED MAN IN THE UNITED STATES NAVAL RESERVE.

IN OUR LETTER IT WAS EXPLAINED THAT, ON THE BASIS OF THE FACTS AS SHOWN AND THE APPLICABLE STATUTORY PROVISIONS, YOU WERE OVERPAID IN THE AMOUNT OF $220 BECAUSE OF THE FACT THAT, WHILE YOU WERE PROPERLY CHARGEABLE WITH THE AMOUNT OF $22 A MONTH AS YOUR REQUIRED CONTRIBUTION TO THE FAMILY ALLOWANCE PAYMENTS MADE TO BYRLE MARGARET MILLER FOR THE 10-MONTH PERIOD FROM MAY 1944 THROUGH FEBRUARY 1945, THE SUM OF $308, REPRESENTING THE TOTAL OF THE FAMILY ALLOWANCE DEDUCTIONS MADE FROM YOUR PAY FOR THE PERIOD FROM MAY 1944 THROUGH JUNE 1945, WAS RECREDITED TO YOUR PAY ACCOUNT WHILE YOU WERE IN THE SERVICE. YOU WERE ADVISED IN OUR LETTER THAT THE AMOUNT OF $46.69, OTHERWISE DUE YOU, HAD BEEN APPLIED IN PARTIAL LIQUIDATION OF THE INDEBTEDNESS, LEAVING A BALANCE OF $173.31 NOW DUE THE UNITED STATES.

MR. HOUSER SAYS THAT YOU DO NOT RECALL RECEIVING THE AMOUNT OF$308 OR THE AMOUNT OF $220 IN LUMP SUMS AND THAT YOU DO NOT RECALL ANY SHORT PERIOD INCREASE IN PAY WHICH WOULD ADD UP TO EITHER OF THE AMOUNTS AND HE ASKS THAT THE RECORDS BE CHECKED TO ASCERTAIN IN WHAT MANNER YOU WERE PAID EITHER OF THE AMOUNTS.

YOUR NAVY PAY RECORD CARD (NAV. S. AND A. FORM 500) FOR THE PERIOD FROM JANUARY 1 TO JUNE 30, 1945, SHOWS CREDIT ITEMS TOTALING $1,406.90, INCLUDING "FAA 5-6/44," $44, AND "FAA 7/44-6/45," $264. IT ALSO SHOWS CHARGES IN THE TOTAL AMOUNT OF $1,406.90. THAT AMOUNT INCLUDES FAMILY ALLOWANCE CHECK AGES FOR THE PERIOD FROM JANUARY 1 TO JUNE 30, 1945, IN THE AMOUNT OF $132; ALLOTMENT CHECK AGES IN THE AMOUNT OF $343.80; CASH AND CHECK PAYMENTS TOTALING $450 ($67, $105, $87, $86 AND $105); AND $481.10 AS AMOUNT UNPAID CARRIED FORWARD. THE AMOUNT CARRIED FORWARD WAS INCLUDED IN THE AMOUNTS PAID TO YOU DURING THE PERIOD FROM JULY 1 TO NOVEMBER 19, 1945.

WHILE, AS A RESULT OF THE CREDITS IN QUESTION, YOU WERE PAID AMOUNTS IN ADDITION TO THOSE WHICH YOU OTHERWISE WOULD HAVE BEEN PAID, NO PARTICULAR PAYMENT OR PAYMENTS CAN BE IDENTIFIED AS REPRESENTING SUCH CREDITS. SINCE A MEMBER OF THE ARMED FORCES IS ENTITLED TO RECEIVE AS CASH AND CHECK PAYMENTS ONLY THE DIFFERENCE BETWEEN THE TOTAL OF THE VARIOUS CREDIT ITEMS INVOLVED IN HIS PAY ACCOUNT AND THE TOTAL OF THE VARIOUS CHARGES AGAINST HIS ACCOUNT, THERE IS NO REASON WHY ANY PARTICULAR PAYMENT SHOULD BE IN PRECISELY THE SAME AMOUNT AS ANY PARTICULAR CREDIT.

ACCORDINGLY, THE SUM OF $173.31 SHOULD BE REMITTED PROMPTLY BY CHECK OR MONEY ORDER PAYABLE TO THE "U.S. GENERAL ACCOUNTING OFFICE" AND FORWARDED TO THE FOLLOWING ADDRESS:

U.S. GENERAL ACCOUNTING OFFICE

POST OFFICE BOX 2610

WASHINGTON 13, D.C.

THE REFERENCE "Z-745666" SHOULD BE SHOWN WHEN MAKING PAYMENT OF THIS DEBT.