B-144196, DEC. 6, 1960

B-144196, DEC. 6, 1960

TO MR. CLIFFORD V. BECKWITH:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 17, 1960, CONCERNING THE MATTER OF YOUR INDEBTEDNESS TO THE UNITED STATES RESULTING FROM THE ERRONEOUS PAYMENT TO YOU OF A REENLISTMENT BONUS IN THE AMOUNT OF $360 INCIDENT TO YOUR MILITARY SERVICE. INASMUCH AS YOU HAVE BEEN ADVISED IN PRIOR CORRESPONDENCE FROM THE DEBT BRANCH OF OUR CLAIMS DIVISION LOCATED AT THE ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, THAT YOU WERE INDEBTED TO THE GOVERNMENT, YOUR LETTER WILL BE REGARDED AS A REQUEST FOR REVIEW OF THE CONCLUSION REACHED THEREIN.

THE RECORD SHOWS THAT YOU ENLISTED IN THE ENLISTED RESERVE CORPS ON NOVEMBER 22, 1949, AND THAT YOU SERVED ON ACTIVE TRAINING DUTY A TOTAL OF 117 DAYS DURING THE PERIOD JANUARY 6 TO MAY 10, 1950. YOU WERE ORDERED TO EXTENDED ACTIVE DUTY AS A RESERVIST EFFECTIVE OCTOBER 4, 1950. ON APRIL 5, 1951, YOU WERE DISCHARGED TO ENLIST IN THE REGULAR ARMY AND YOU SO ENLISTED ON THE FOLLOWING DAY FOR A 6-YEAR PERIOD. YOU WERE HONORABLY DISCHARGED ON APRIL 5, 1957, BY REASON OF EXPIRATION OF YOUR TERM OF SERVICE.

AT THE TIME OF YOUR ENLISTMENT IN THE REGULAR ARMY ON APRIL 6, 1951, YOU WERE PAID A REENLISTMENT BONUS OF $360, THE AMOUNT AUTHORIZED IN SECTION 207 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 811, 37 U.S.C. 238 (A), TO BE PAID TO MEMBERS WHO REENLISTED FOR A 6 YEAR PERIOD WITHIN THREE MONTHS FROM DATE OF DISCHARGE. SECTION 207 (B) OF THAT ACT DEFINES A REENLISTMENT FOR REENLISTMENT BONUS PURPOSES AS AN "ENLISTMENT IN ONE OF THE REGULAR SERVICES FOLLOWING (1) COMPULSORY OR VOLUNTARY ACTIVE DUTY IN SUCH SERVICE, OR (2) EXTENDED ACTIVE DUTY OF ONE YEAR OR MORE IN A RESERVE COMPONENT OF SUCH SERVICE.'

IN THE AUDIT OF YOUR MILITARY PAY ACCOUNT CONDUCTED SUBSEQUENT TO YOUR DISCHARGE ON APRIL 5, 1957, IT WAS DISCOVERED THAT THE REENLISTMENT BONUS PAID TO YOU WAS NOT AUTHORIZED BY LAW BECAUSE YOU HAD NOT COMPLETED ONE YEAR OF EXTENDED ACTIVE DUTY IN A RESERVE COMPONENT PRIOR TO YOUR ENLISTMENT IN THE REGULAR ARMY ON APRIL 6, 1951. THE PERIOD OCTOBER 4, 1950, TO APRIL 5, 1951, THAT YOU WERE ON EXTENDED ACTIVE DUTY IN A RESERVE COMPONENT, WAS ONLY 6 MONTHS AND 2 DAYS AND THUS EVEN IF THE 117 DAYS OF ACTIVE TRAINING DUTY THERETOFORE PERFORMED BY YOU AS AN ENLISTED RESERVIST WERE OTHERWISE CREDITABLE, YOUR TOTAL SERVICE AS A RESERVIST WAS LESS THAN ONE YEAR. SINCE THE PERIOD THAT YOU SERVED ON EXTENDED ACTIVE DUTY IN A RESERVE STATUS IMMEDIATELY PRECEDING YOUR ENLISTMENT IN THE REGULAR ARMY DOES NOT MEET THE REQUIREMENTS OF SECTION 207 (B) OF THE ACT, IT FOLLOWS THAT YOU ARE NOT ENTITLED TO RETAIN THE ERRONEOUS PAYMENT OF REENLISTMENT BONUS MADE AT THE TIME OF YOUR ENLISTMENT IN THE REGULAR ARMY.

IT WAS ALSO FOUND IN THE AUDIT OF YOUR MILITARY PAY ACCOUNT THAT YOU WERE ENTITLED TO A CREDIT OF $9.90 REPRESENTING AN UNDERPAYMENT OF LEAVE RATIONS. THIS CREDIT REDUCED THE NET AMOUNT OF YOUR INDEBTEDNESS TO THE UNITED STATES TO THE SUM OF $350.10. IN THE CIRCUMSTANCES ABOVE STATED, WE HAVE NO ALTERNATIVE BUT TO SUSTAIN THE FINDING THAT YOU ARE INDEBTED TO THE UNITED STATES IN THE AMOUNT OF $350.10.

WITH RESPECT TO YOUR REQUEST THAT YOU BE FURNISHED THE NAMES AND ADDRESSES OF MEN "HAVING IDENTICAL CASES TO MINE," YOU ARE ADVISED THAT SUCH INFORMATION CANNOT READILY BE OBTAINED AND IT IS NOT OUR PRACTICE TO FURNISH INFORMATION OF THIS KIND. AS TO THE MATTER OF WHETHER ANY SUITS HAVE BEEN FILED AGAINST THE GOVERNMENT FOR FALSE REPRESENTATION BY OTHER PERSONS SIMILARLY SITUATED, YOU ARE INFORMED THAT WE ARE NOT AWARE OF ANY SUCH SUITS.

THIS OFFICE IS REQUIRED BY LAW TO TAKE THE NECESSARY ACTION TO COLLECT SUMS DUE THE GOVERNMENT AND, THEREFORE, THE FULL AMOUNT OF YOUR DEBT SHOULD BE PAID PROMPTLY. IF YOU ARE UNABLE TO DO THIS, AN ARRANGEMENT FOR PAYMENT IN INSTALL MENTS MAY BE MADE IF YOU WILL SUBMIT AN INITIAL PAYMENT, TOGETHER WITH A DEFINITE PLAN FOR PAYMENT OF THE BALANCE WITHIN A REASONABLE PERIOD. IN THE EVENT THAT YOU FAIL TO TAKE ANY ACTION TO LIQUIDATE THIS DEBT WITHIN 30 DAYS FROM THE DATE OF THIS LETTER, THE MATTER WILL BE REFERRED TO THE DEPARTMENT OF JUSTICE FOR APPROPRIATE ACTION.