B-144087, NOV. 16, 1960

B-144087, NOV. 16, 1960

TO MR. ERVIN KUSPA:

FURTHER REFERENCE IS MADE TO THE UNDATED LETTER WRITTEN BY YOU TO THE PRESIDENT OF THE UNITED STATES CONCERNING YOUR INDEBTEDNESS INCIDENT TO YOUR ARMY SERVICE FOR THE PERIOD ENDING APRIL 15, 1957. THE LETTER, WHICH WAS REFERRED TO US FOR APPROPRIATE REPLY, WAS RECEIVED IN OUR OFFICE ON AUGUST 24, 1960.

THE INDEBTEDNESS IN QUESTION WAS EXPLAINED IN DETAIL IN OUR LETTER OF MAY 20, 1960, TO HONORABLE JOHN BRADEMAS, HOUSE OF REPRESENTATIVES, AND IN OUR LETTER OF JUNE 17, 1960, TO YOU. BRIEFLY, THE INDEBTEDNESS RESULTED (1) FROM THE FACT THAT YOU USED 30 DAYS OF LEAVE IN EXCESS OF THE AMOUNT TO WHICH YOU WERE ENTITLED FOR THE PERIOD FROM APRIL 16, 1951, TO APRIL 15, 1957, AND THAT NO CHECK AGES WERE MADE IN YOUR PAY ACCOUNT TO RECOVER THE PAY AND ALLOWANCES CREDITED TO YOU FOR SUCH PERIOD OF EXCESS LEAVE, AND (2) FROM THE FACT THAT NO DEDUCTION WAS MADE FROM YOUR PAY TO COVER THE CLASS Q ALLOTMENT PAYMENT OF $157.10 MADE TO YOUR WIFE FOR THE MONTH OF APRIL 1957. YOU INDICATE THAT, SINCE YOUR RECORDS WERE VERIFIED AT VARIOUS ARMY PERSONNEL CENTERS BY RESPONSIBLE AND RELIABLE OFFICERS WHILE YOU WERE SERVING IN THE ARMY AND SINCE NO MISTAKES WERE THEN FOUND, YOU FEEL THAT THE ACCOUNTING OFFICERS MUST NOW BE IN ERROR IN FINDING YOU OVERPAID IN THE AMOUNT OF $399.55.

OUR FILE CONTAINS A REPORT FURNISHED BY THE ADJUTANT GENERAL OF THE ARMY, WHO IS THE OFFICIAL CUSTODIAN OF THE PERSONNEL RECORDS OF ENLISTED MEN OF THE ARMY, THAT SHOWS THE VARIOUS PERIODS THAT YOU WERE ON LEAVE DURING THE PERIOD FROM APRIL 16, 1951, TO APRIL 15, 1957. THAT REPORT WAS THE BASIS OF OUR DETERMINATION THAT YOU WERE OVERPAID BECAUSE OF THE FACT THAT YOU USED 30 DAYS OF LEAVE IN EXCESS OF THAT TO WHICH YOU WERE ENTITLED. AS TO THAT PART OF YOUR INDEBTEDNESS WHICH RESULTED FROM THE FACT THAT NO DEDUCTION WAS MADE FROM YOUR PAY TO COVER THE CLASS Q ALLOTMENT PAYMENT OF $157.10 MADE TO YOUR WIFE FOR THE MONTH OF APRIL 1957, WE HAVE FURNISHED YOU A PHOTOCOPY OF THE CHECK COVERING THE PAYMENT IN QUESTION AND A PHOTOCOPY OF YOUR PAY RECORD CARD FOR THE PERIOD INVOLVED, WHICH SHOWS THAT NO DEDUCTION WAS MADE FOR SUCH ALLOTMENT. WE HAVE CAREFULLY REVIEWED YOUR CASE BUT WE FIND NO BASIS FOR CONCLUDING THAT THE AMOUNT OF THE INDEBTEDNESS AS REPORTED TO YOU BY OUR OFFICE WAS NOT CORRECTLY COMPUTED. OUR RECORDS INDICATE THAT PAYMENTS MADE BY YOU HAVE REDUCED THE AMOUNT OF THE INDEBTEDNESS FROM $399.55 TO $397.55.

IT IS UNFORTUNATE THAT THE RECORDS AVAILABLE TO THE ARMY DISBURSING OFFICER AT THE TIME OF YOUR DISCHARGE DID NOT CORRECTLY SHOW THE STATUS OF YOUR LEAVE ACCOUNT AND YOUR CLASS Q ALLOTMENT ACCOUNT, SO THAT PROPER ADJUSTMENTS COULD HAVE BEEN MADE AT THAT TIME. YOU ARE ADVISED, HOWEVER, THAT EVEN THOUGH YOU RECEIVED THE AMOUNTS OF THE OVERPAYMENTS IN GOOD FAITH, SUCH FACT DOES NOT RELIEVE YOU OF LEGAL LIABILITY FOR SUCH OVERPAYMENTS. THE COURTS CONSISTENTLY HAVE HELD THAT THE RECIPIENTS OF ERRONEOUS PAYMENTS SUCH AS THOSE HERE INVOLVED, ARE BOUND IN EQUITY AND GOOD CONSCIENCE TO MAKE RESTITUTION. WE HAVE NO AUTHORITY TO WAIVE ANY PART OF YOUR INDEBTEDNESS.

THE MONTHLY PAYMENTS MADE BY YOU IN LIQUIDATION OF YOUR INDEBTEDNESS SHOULD BE BY CHECKS OR MONEY ORDERS MADE PAYABLE TO "U.S. GENERAL ACCOUNTING OFFICE," AND SENT TO U.S. GENERAL ACCOUNTING OFFICE, POST OFFICE BOX 2610, WASHINGTON 13, D.C., REFERRING TO "DW-Z-1938577.'