Skip to main content

B-128747, NOV. 1, 1956

B-128747 Nov 01, 1956
Jump To:
Skip to Highlights

Highlights

YOU WERE ADVISED OF THE LEGAL BASIS FOR THE DETERMINATION OF YOUR INDEBTEDNESS TO THE GOVERNMENT. OFFICERS OF THE ARMED FORCES NORMALLY ARE PAID A MONTHLY SUBSISTENCE ALLOWANCE FOR THE PURPOSE OF PAYING FOR THEIR MEALS WHEREVER OBTAINED. WHEN NOT FURNISHED QUARTERS IN KIND THEY ARE ALSO PAID A MONTHLY QUARTERS ALLOWANCE. SUCH ALLOWANCES ARE GRANTED BY THE GOVERNMENT FOR THE SPECIFIC PURPOSE OF ENABLING THEM TO PAY SUBSISTENCE AND QUARTERS EXPENSES THAT THEY ARE REQUIRED TO INCUR IN THE PERFORMANCE OF THEIR DUTIES. WHEN QUARTERS AND MEALS ARE FURNISHED TO THEM WITHOUT CHARGE BY NON-FEDERAL HOSPITALS WHERE THEY ARE INTERNING. THEY ARE RELIEVED OF THE NECESSITY FOR INCURRING THOSE EXPENSES. UNDER THOSE CIRCUMSTANCES THE HOSPITALS HAVE BEEN REGARDED AS FURNISHING THE QUARTERS AND MEALS TO THE GOVERNMENT FOR THE USE OF THE OFFICERS.

View Decision

B-128747, NOV. 1, 1956

TO DR. SOLOMON CENTER:

YOUR LETTER OF SEPTEMBER 21, 1956, REQUESTS FURTHER CONSIDERATION IN THE MATTER OF YOUR INDEBTEDNESS TO THE UNITED STATES, STATED IN THE TOTAL SUM OF $935.73, ARISING BY REASON OF YOUR RECEIPT FROM THE GOVERNMENT OF BASIC QUARTERS AND SUBSISTENCE ALLOWANCES ($642.40) WHILE BEING FURNISHED QUARTERS AND MEALS BY THE MINNEAPOLIS GENERAL HOSPITAL, MINNEAPOLIS, MINNESOTA, DURING THE PERIOD OF SERVICE THERE AS AN OFFICER-INTERN FROM JANUARY 5 THROUGH JUNE 30, 1950, AND OF RECEIPT OF COMPENSATION FOR THAT PERIOD FROM THE HOSPITAL ($293.33) WHILE RECEIVING ACTIVE DUTY PAY AS A COMMISSIONED OFFICER OF THE U.S. AIR FORCE. IN OUR LETTER DATED AUGUST 29, 1956, YOU WERE ADVISED OF THE LEGAL BASIS FOR THE DETERMINATION OF YOUR INDEBTEDNESS TO THE GOVERNMENT. YOU NOW RAISE FURTHER QUESTION CONCERNING THE REASONS FOR REQUIRING REPAYMENT OF THE AMOUNT REPRESENTING THE QUARTERS AND SUBSISTENCE ALLOWANCES RECEIVED DURING THE PERIOD INVOLVED.

OFFICERS OF THE ARMED FORCES NORMALLY ARE PAID A MONTHLY SUBSISTENCE ALLOWANCE FOR THE PURPOSE OF PAYING FOR THEIR MEALS WHEREVER OBTAINED. WHEN NOT FURNISHED QUARTERS IN KIND THEY ARE ALSO PAID A MONTHLY QUARTERS ALLOWANCE. SUCH ALLOWANCES ARE GRANTED BY THE GOVERNMENT FOR THE SPECIFIC PURPOSE OF ENABLING THEM TO PAY SUBSISTENCE AND QUARTERS EXPENSES THAT THEY ARE REQUIRED TO INCUR IN THE PERFORMANCE OF THEIR DUTIES. WHEN QUARTERS AND MEALS ARE FURNISHED TO THEM WITHOUT CHARGE BY NON-FEDERAL HOSPITALS WHERE THEY ARE INTERNING, THEY ARE RELIEVED OF THE NECESSITY FOR INCURRING THOSE EXPENSES, AND OBVIOUSLY THEY WOULD BE UNJUSTLY ENRICHED IF THEY THEN RECEIVED SUCH ALLOWANCES. UNDER THOSE CIRCUMSTANCES THE HOSPITALS HAVE BEEN REGARDED AS FURNISHING THE QUARTERS AND MEALS TO THE GOVERNMENT FOR THE USE OF THE OFFICERS, WHICH IS TANTAMOUNT TO THE GOVERNMENT ITSELF FURNISHING THEM, THUS MEETING ITS OBLIGATION TO THE OFFICERS. HENCE, IT CAN BE SEEN THAT WHERE QUARTERS AND MEALS ARE FURNISHED WITHOUT CHARGE BY THE HOSPITALS THE QUESTION OF WHETHER SUCH ACTION IS TAKEN TO BENEFIT THE HOSPITAL OR NOT IS OF LITTLE IMPORTANCE IN THE DETERMINATION OF THE OFFICERS' RIGHTS IN THE MATTER.

THE RIGHT OF OFFICERS TO RECEIVE QUARTERS AND SUBSISTENCE ALLOWANCES FROM THE GOVERNMENT WHILE INTERNING HAS BEEN QUESTIONED ONLY FOR PERIODS WHERE QUARTERS AND MEALS ACTUALLY WERE FURNISHED BY THE HOSPITALS TO THE OFFICERS WITHOUT CHARGE, THERE APPARENTLY BEING NO PROPER LEGAL BASIS FOR DENYING THE ALLOWANCES OTHERWISE EVEN IF IT COULD BE SHOWN THAT QUARTERS AND MEALS WERE MADE AVAILABLE BY THE HOSPITALS BUT NOT USED FOR REASONS OF PERSONAL PREFERENCE OF THE OFFICERS. THE CHARGES RAISED AGAINST YOU WERE BASED ON A STATEMENT FROM THE MINNEAPOLIS GENERAL HOSPITAL THAT THREE MEALS A DAY AND QUARTERS WERE FURNISHED TO YOU WITHOUT CHARGE DURING THE PERIOD INVOLVED. IT IS YOUR CONTENTION, HOWEVER, THAT THE FACILITIES OF THE HOSPITAL WERE USED BY YOU ONLY DURING CERTAIN PERIODS WHILE ON CALL AND THAT AT OTHER TIMES YOU LIVED AT HOME AND TOOK YO8R MEALS AWAY FROM THE HOSPITAL. IF SUCH ACTUALLY WERE THE SITUATION, AND ACCEPTABLE EVIDENCE--- SUCH AS CERTIFICATION FROM OFFICIALS OF THE MINNEAPOLIS GENERAL HOSPITAL--- CAN BE FURNISHED TO ESTABLISH THE EXTENT TO WHICH HOSPITAL FACILITIES ACTUALLY WERE USED BY YOU DURING THE PERIOD IN QUESTION, FURTHER CONSIDERATION WILL BE GIVEN THE MATTER.

AS TO YOUR INQUIRY CONCERNING THE APPLICATION OF THE RULES GOVERNING YOUR CASE TO OFFICERS OF THE U.S. NAVAL SERVICE SIMILARLY SITUATED, YOU ARE ADVISED THAT WE HAVE NOT CONSIDERED THEIR SITUATION DIFFERENT IN ANY RESPECT FROM THOSE OF OFFICERS OF THE U.S. AIR FORCE OR THE OTHER SERVICES. SEE IN THAT RESPECT OUR DECISION OF APRIL 16, 1953, B 113776, 32 COMP. GEN. 454, A COPY OF WHICH PREVIOUSLY WAS FURNISHED TO YOU, INVOLVING THE RIGHTS OF A NAVAL RESERVE OFFICER.

WITH RESPECT TO YOUR REQUEST IN LETTER OF SEPTEMBER 21, 1956, ADDRESSED TO THE U.S. GENERAL ACCOUNTING OFFICE, CONCERNING A PLAN FOR LIQUIDATION OF YOUR INDEBTEDNESS, YOU ARE ADVISED THAT IN VIEW OF THE CIRCUMSTANCES OUTLINED BY YOU COLLECTION ACTION WILL BE DEFERRED UNTIL JANUARY 1, 1958, WHEN YOU WILL BE EXPECTED TO CONTACT THE CLAIMS DIVISION, GENERAL ACCOUNTING OFFICE, WASHINGTON 25, D.C., AND SUBMIT A PLAN FOR THE LIQUIDATION OF YOUR DEBT.

GAO Contacts

Office of Public Affairs