B-135230, JUN. 9, 1958

BOUND WAS SERVING IN THE ARMY OF THE UNITED STATES. FETTINGER'S INDEBTEDNESS REPRESENTS CLASS E ALLOTMENT PAYMENTS AT $25 A MONTH WHICH WERE MADE FOR THE MONTHS OF OCTOBER 1942 THROUGH JUNE 1943. ALL OF THIS MONEY WAS PAID TO HER AFTER THE EFFECTIVE DATE OF "NOTIFICATION OF DISCONTINUANCE OF ALLOTMENT" (W.D. FETTINGER WAS THE WIFE OF HAROLD G. BOUND IS LEGALLY RESPONSIBLE FOR ALL DEBTS WHICH WERE INCURRED BY HER BEFORE THEIR DIVORCE DECREE BECAME FINAL. WE CONCLUDED THAT HIS LIABILITY IS JOINT AS WELL AS SEVERAL AND THAT MR. FETTINGER ALSO IS JOINTLY AND SEVERALLY LIABLE. THE REASON FOR HER LIABILITY IS THAT SHE ERRONEOUSLY RECEIVED PUBLIC MONEY. PERSONS RECEIVING MONEY ERRONEOUSLY PAID BY A GOVERNMENT AGENCY OR OFFICIAL ACQUIRE NO RIGHT TO THE MONEY AND ARE BOUND IN EQUITY AND GOOD CONSCIENCE TO MAKE RESTITUTION.