B-147139, NOV. 9, 1961

B-147139, NOV. 9, 1961

TO MR. VINCENT L. CALABRESE:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 25, 1961, FURTHER REGARDING OUR SETTLEMENT DATED DECEMBER 11, 1950, WHICH DISALLOWED THE CLAIM OF DOMINIC A. DELLAIRO FOR REFUND OF THE CHECK AGES AGAINST HIS PAY BY REASON OF ERRONEOUS PAYMENTS OF FAMILY ALLOWANCE FOR THE PERIOD AUGUST 1943 THROUGH MAY 1944 WHILE HE SERVED IN THE NAVY. THE DISALLOWANCE OF HIS CLAIM WAS SUSTAINED IN OUR DECISION OF SEPTEMBER 20, 1961, B-147139. SEE ALSO OUR DECISION OF OCTOBER 6, 1961, B 147139, IN WHICH YOU WERE ADVISED THAT NOTHING HAD BEEN FOUND IN THE GOVERNMENT RECORDS WHICH WOULD WARRANT ANY CHANGE IN THE CONCLUSION HERETOFORE REACHED IN RESPECT TO THE CLAIM.

THE CONTENTIONS MADE IN YOUR LETTER OF OCTOBER 25, 1961, ARE NOT SUPPORTED BY EVIDENCE AND, GENERALLY, THAT LETTER IS TO THE SAME EFFECT AS YOUR PREVIOUS LETTERS. IT CONTAINS NO MATERIAL FACT WHICH WAS NOT FULLY CONSIDERED IN OUR PRIOR DECISIONS AND THE TREASURY DEPARTMENT, FISCAL SERVICE, INFORMALLY REPORTS THAT THERE IS NOTHING CONTAINED IN ITS RECORDS CONCERNING ANY COLLECTION IN THIS CASE BY A GOVERNMENT AGENT IN ADDITION TO AMOUNTS DEDUCTED FROM MR. DELLAIRO'S PAY. HENCE, THERE IS NO BASIS FOR A MODIFICATION OF THE CONCLUSION HERETOFORE REACHED IN THE MATTER.