B-152215, JAN. 14, 1964
Highlights
PENROSE LUCAS ALBRIGHT: REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 13. THE CIRCUMSTANCES GIVING RISE TO THE INDEBTEDNESS ARE CLEARLY SET FORTH IN OUR DECISIONS OF SEPTEMBER 9 AND NOVEMBER 5. NO REFERENCE WAS MADE TO 5 U.S.C. 59A. THE WORDS "DUAL COMPENSATION" WERE USED TO DESCRIBE THE SITUATION OF A PERSON WHO HAS RECEIVED COMPENSATION FROM TWO GOVERNMENT SOURCES FOR THE SAME PERIOD OF TIME. NOR IS THERE NOW.
B-152215, JAN. 14, 1964
TO MR. PENROSE LUCAS ALBRIGHT:
REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 13, 1963, RELATIVE TO THE MATTER OF THE INDEBTEDNESS OF THE LATE COMMANDER JAMES B. ROBINSON, USN, RETIRED.
THE CIRCUMSTANCES GIVING RISE TO THE INDEBTEDNESS ARE CLEARLY SET FORTH IN OUR DECISIONS OF SEPTEMBER 9 AND NOVEMBER 5, 1963, B-152215. IN THOSE DECISIONS WE STATED THAT THE INDEBTEDNESS ARISES BY REASON OF THE OPERATION OF THE ACT OF JULY 31, 1894, CH. 174, 28 STAT. 205, AS AMENDED, 5 U.S.C. 62.
YOU NOW STATE THAT THE LANGUAGE USED IN A LETTER DATED DECEMBER 6, 1963, ADDRESSED TO MRS. JAMES B. ROBINSON BY THE GENERAL ACCOUNTING OFFICE CLAIMS DIVISION, INDICATES OUR OFFICE NOW CONSIDERS THAT THE DUAL COMPENSATION STATUTE, 5 U.S.C. 59A, APPLIES TO COMMANDER ROBINSON'S SITUATION RATHER THAN THE ACT OF JULY 31, 1894, SUPRA.
WE FIND NOTHING IN THE CLAIMS DIVISION LETTER WHICH SUGGESTS ANY CHANGE IN OUR VIEWS IN THIS MATTER. NO REFERENCE WAS MADE TO 5 U.S.C. 59A. THE WORDS "DUAL COMPENSATION" WERE USED TO DESCRIBE THE SITUATION OF A PERSON WHO HAS RECEIVED COMPENSATION FROM TWO GOVERNMENT SOURCES FOR THE SAME PERIOD OF TIME. THERE HAS NOT BEEN, NOR IS THERE NOW, ANY INTENT TO CONSIDER THE BASIS OF THE INDEBTEDNESS AS ANYTHING BUT A RESULT OF THE OPERATION OF THE 1894 STATUTE.