B-155265, OCTOBER 18, 1965

B-155265, OCTOBER 18, 1965

TO MR. ALBERT W. PORTER, JR:

REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 13, 1965, IN WHICH YOU AGAIN MAKE CLAIM FOR INCREASED BASIC ALLOWANCE FOR QUARTERS FOR THE PERIOD JANUARY 1, 1957, TO DECEMBER 24, 1958, INCIDENT TO YOUR SERVICE IN THE UNITED STATES NAVY AND CONCLUDE THAT THE "COMPTROLLER GENERAL SHOULD TAKE IMMEDIATE ACTION TO HAVE THE UNITED STATES COURT RESCIND" THE JUDGMENT AGAINST YOU FOR THE BALANCE OF THE OVERPAYMENT OF LUMP-SUM READJUSTMENT PAY MADE IN YOUR FINAL ACCOUNT.

WE ADVISED YOU BY LETTERS OF JUNE 30 AND JULY 22, 1965, THE REASONS WHY NO AMOUNT IS DUE YOU UNDER THE JUDGMENT OF THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF CALIFORNIA, CENTRAL DIVISION, ENTERED FEBRUARY 17, 1965, IN THE CASE OF UNITED STATES V. ALBERT W. PORTER, JR., CIVIL NO. 64-1170-PH. YOU NOW CONTEND THAT THE IN FAVOR OF UNITED STATES SHOULD BE RESCINDED SINCE CERTAIN CIVIL SERVICE WORKERS HAVE BEEN RELIEVED FROM REPAYING OVERPAYMENTS IN VARYING AMOUNTS WHICH RESULTED FROM ADMINISTRATIVE ERRORS. SINCE WE HAVE NO KNOWLEDGE OF THE CASES TO WHICH YOU REFER NOR THE MANNER IN WHICH THE RELIEF WAS GRANTED, WE CAN OFFER NO COMMENT ON THIS MATTER. IT MAY BE YOU HAVE IN MIND CASES WHERE THE CONGRESS HAS GRANTED RELIEF BY PRIVATE LEGISLATION.

IF YOU BELIEVED THAT YOU WERE ENTITLED TO THE ALLOWANCE CLAIMED, COVERING THE PERIOD JANUARY 1, 1957, TO DECEMBER 24, 1958, YOU SHOULD HAVE SUBMITTED A COUNTERCLAIM FOR THE AMOUNT BELIEVED TO BE DUE, IN THE ABOVE- MENTIONED COURT PROCEEDING, SINCE WE HAD PREVIOUSLY ADVISED YOU OF OUR CONCLUSION THAT YOU WERE ENTITLED TO AN INCREASED BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF A DEPENDENT WIFE ONLY IF IT COULD BE SHOWN THAT YOU CONTINUED TO CONTRIBUTE TO THE SUPPORT OF YOUR WIFE, MARIE, FROM WHOM YOU OBTAINED A PURPORTED DIVORCE IN MEXICO IN 1956. THE ISSUE AS TO SUCH SUPPORT WAS BEFORE THE COURT UNDER THE GOVERNMENT'S SECOND CAUSE OF ACTION IN THAT CASE AND THE DECISION IN YOUR FAVOR ON THAT CAUSE OF ACTION MAY BE ACCEPTED AS ESTABLISHING NOTHING MORE THAN A FINDING OF SUPPORT FOR THE PERIOD THERE INVOLVED ENDING DECEMBER 31, 1956. UNTIL YOU FURNISH PROOF THAT YOU SUPPORTED YOUR WIFE FOR THE PERIOD JANUARY 1, 1957, TO THE DATE OF HER DEATH ON DECEMBER 24, 1958, THERE IS NO BASIS FOR THE PAYMENT OF YOUR CLAIM. THERE IS, OF COURSE, NO BASIS FOR YOUR DEMAND THAT WE ASK THE COURT TO RESCIND ITS JUDGMENT IN FAVOR OF THE UNITED STATES IN THE FIRST CAUSE OF ACTION. FOR YOUR INFORMATION, THE DEPARTMENT OF JUSTICE, NOT THIS OFFICE, REPRESENTS THE GOVERNMENT IN LITIGATION MATTERS.

ACCORDINGLY, YOU ARE ADVISED THAT YOUR RECENT LETTER PROVIDES NO BASIS FOR A MODIFICATION OF OUR ACTION IN YOUR CASE.