B-131415, NOV. 6, 1957
Highlights
WHEREIN YOU WERE ADVISED OF YOUR INDEBTEDNESS TO THE UNITED STATES IN THE SUM OF $600. WHICH WAS RELEASED BY THIS OFFICE ON TRANSMITTAL NO. 42848. IN WHICH YOU WERE ERRONEOUSLY ALLOWED PER DIEM INCIDENT TO THE PERFORMANCE OF TEMPORARY DUTY AT EDWARDS AIR FORCE BASE. THIS PAYMENT OF PER DIEM ALLOWANCE WAS ERRONEOUS BECAUSE THE RECORD SHOWED YOUR TOUR OF TEMPORARY DUTY AT EDWARDS AIR FORCE BASE WAS FIELD DUTY. YOUR STATEMENTS CONCERNING THE CHARACTER OF THE DUTY INVOLVED ARE DIRECTLY CONTRARY TO OFFICIAL ADMINISTRATIVE REPORTS AVAILABLE TO THIS OFFICE CONCERNING THE MATTER. UNDER SUCH CIRCUMSTANCES WE MUST ACCEPT THE ADMINISTRATIVE REPORT AS CORRECT IN THE ABSENCE OF CLEAR AND CONVINCING EVIDENCE THAT IT IS INCORRECT.
B-131415, NOV. 6, 1957
TO MR. MARTIN W. NILOT:
YOUR LETTER DATED SEPTEMBER 30, 1957, REQUESTS RECONSIDERATION OF OUR DECISION TO YOU DATED JULY 3, 1957, B-131415. IN THAT DECISION WE SUSTAINED THE ACTION TAKEN BY OUR CLAIMS DIVISION IN A LETTER DATED NOVEMBER 6, 1956, WHEREIN YOU WERE ADVISED OF YOUR INDEBTEDNESS TO THE UNITED STATES IN THE SUM OF $600. THIS INDEBTEDNESS AROSE AS A RESULT OF OUR SETTLEMENT IN YOUR FAVOR, WHICH WAS RELEASED BY THIS OFFICE ON TRANSMITTAL NO. 42848, DATED MAY 11, 1956, IN WHICH YOU WERE ERRONEOUSLY ALLOWED PER DIEM INCIDENT TO THE PERFORMANCE OF TEMPORARY DUTY AT EDWARDS AIR FORCE BASE, CALIFORNIA, DURING THE PERIOD FEBRUARY 26 TO JUNE 27, 1953. THIS PAYMENT OF PER DIEM ALLOWANCE WAS ERRONEOUS BECAUSE THE RECORD SHOWED YOUR TOUR OF TEMPORARY DUTY AT EDWARDS AIR FORCE BASE WAS FIELD DUTY--- AS CONTEMPLATED BY PARAGRAPH 2B, DEPARTMENT OF THE ARMY SPECIAL REGULATIONS NO. 35-3080-5, DATED AUGUST 26, 1952--- WITH ADEQUATE QUARTERS AND MESSING FACILITIES AVAILABLE, PARAGRAPH 4201-7, JOINT TRAVEL REGULATIONS, PROHIBITING THE PAYMENT OF PER DIEM ALLOWANCE UNDER SUCH CIRCUMSTANCES.
YOUR PRESENT LETTER DOES NOT FURNISH ANY INFORMATION NOT CONSIDERED BY US IN REACHING THE DECISION OF JULY 3, 1957, AND, HENCE, FURNISHES NO BASIS FOR MODIFYING THE DECISION. YOUR STATEMENTS CONCERNING THE CHARACTER OF THE DUTY INVOLVED ARE DIRECTLY CONTRARY TO OFFICIAL ADMINISTRATIVE REPORTS AVAILABLE TO THIS OFFICE CONCERNING THE MATTER. UNDER SUCH CIRCUMSTANCES WE MUST ACCEPT THE ADMINISTRATIVE REPORT AS CORRECT IN THE ABSENCE OF CLEAR AND CONVINCING EVIDENCE THAT IT IS INCORRECT. SEE 31 COMP. GEN. 288. THEREFORE, WE HAVE NO RECOURSE OTHER THAN TO INSIST THAT YOU REFUND TO THE UNITED STATES THE SUM OF $600 ILLEGALLY PAID TO YOU. ACCORDINGLY, YOU ARE AGAIN REQUESTED TO SEND US A CHECK OR MONEY ORDER IN THE SUM OF $600 MADE PAYABLE TO THE ,U.S. GENERAL ACCOUNTING OFFICE.' THE PAYMENT SHOULD BE MAILED TO THE UNITED STATES GENERAL ACCOUNTING OFFICE, P.O. BOX 2610, WASHINGTON 13, D.C. ..END :