B-144378, NOV. 18, 1960

B-144378, NOV. 18, 1960

TO MR. STANLEY E. WASSERMAN:

REFERENCE IS MADE TO YOUR COMMUNICATION OF OCTOBER 12, 1960, ADDRESSED TO THE REGIONAL ADMINISTRATIVE OFFICER OF THE WEATHER BUREAU, JAMAICA, NEW YORK, CONCERNING AN INDEBTEDNESS OF $85.50 DUE THE UNITED STATES BY REASON OF AN ERRONEOUS PAYMENT TO YOU OF A DISLOCATION ALLOWANCE WHILE ON ACTIVE DUTY AS A SECOND LIEUTENANT, UNITED STATES ARMY RESERVE.

BY ORDERS DATED APRIL 7, 1955, HEADQUARTERS FIRST ARMY, GOVERNORS ISLAND, NEW YORK, NEW YORK, AS AMENDED BY ORDERS DATED MAY 10, 1955, THE SAME STATION, YOU WERE ORDERED TO ACTIVE DUTY AND TO PROCEED FROM YOUR HOME, 2092 DAVIDSON AVENUE, BRONX, NEW YORK, TO THE 9470TH TU, AEPG, FORT HUACHUCA, ARIZONA, WITH TEMPORARY DUTY EN ROUTE AT THE SIGNAL OFFICERS BASIC COURSE, THE SIGNAL SCHOOL, FORT MONMOUTH, NEW JERSEY, FOR APPROXIMATELY NINE WEEKS, REPORTING NOT LATER THAN JUNE 5, 1955. THE DISLOCATION ALLOWANCE WAS PAID YOU AFTER YOU REPORTED AT FORT HUACHUCA, YOUR FIRST PERMANENT DUTY STATION, AND THE TRAVEL OF YOUR DEPENDENT WIFE TO THAT STATION FOLLOWING THE TEMPORARY DUTY AT FORT MONMOUTH.

YOU ASSERT THAT PARAGRAPH 9003-3 OF THE JOINT TRAVEL REGULATIONS WHICH PROVIDES THAT THE DISLOCATION ALLOWANCE WILL NOT BE PAYABLE FOR TRAVEL FROM HOME OR FROM PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO FIRST PERMANENT DUTY STATION UPON APPOINTMENT, CALL TO ACTIVE DUTY, ENLISTMENT, REENLISTMENT, OR INDUCTION, DOES NOT PRECLUDE YOU FROM RECEIVING THE ALLOWANCE AS FORT MONMOUTH WAS NEITHER YOUR HOME NOR THE PLACE FROM WHICH YOU WERE ORDERED TO ACTIVE DUTY. ALSO, YOU ASSERT THAT THE TRAVEL FROM FORT MONMOUTH TO FORT HUACHUCA WAS NOT IN CONNECTION WITH A CALL TO ACTIVE DUTY, ENLISTMENT, REENLISTMENT OR INDUCTION SINCE YOU HAD ALREADY BEEN IN THE ARMY NINE WEEKS.

SECTION 2 (12) OF THE CAREER INCENTIVE ACT OF 1955, 69 STAT. 21, AMENDING SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, 37 U.S.C. 253 (C), AUTHORIZES PAYMENT OF A DISLOCATION ALLOWANCE, UNDER REGULATIONS APPROVED BY THE SECRETARY CONCERNED, TO A MEMBER OF THE UNIFORMED SERVICES WHOSE DEPENDENTS ARE AUTHORIZED TO MOVE AND ACTUALLY DO MOVE IN CONNECTION WITH ORDERS DIRECTING A PERMANENT CHANGE OF STATION. THE PURPOSE OF DISLOCATION ALLOWANCE IS TO PARTIALLY REIMBURSE A MEMBER WITH DEPENDENTS FOR THE EXPENSES INCURRED IN RELOCATING HIS HOUSEHOLD UPON A PERMANENT CHANGE OF STATION. SEE PARAGRAPH 9000 OF THE JOINT TRAVEL REGULATIONS. HOWEVER, PARAGRAPH 9003-3 OF THOSE REGULATIONS PROVIDES THAT A DISLOCATION ALLOWANCE WILL NOT BE PAYABLE IN CONNECTION WITH PERMANENT CHANGE OF STATION TRAVEL PERFORMED "FROM HOME OR FROM PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO FIRST PERMANENT DUTY STATION UPON APPOINTMENT, CALL TO ACTIVE DUTY, ENLISTMENT, REENLISTMENT, OR INDUCTION.' NEITHER IS SUCH AN ALLOWANCE PAYABLE FOR TRAVEL FROM LAST DUTY STATION TO HOME OR THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY UPON RELEASE FROM ACTIVE DUTY. THE FACT THAT YOU WERE ORDERED FROM YOUR HOME TO A TEMPORARY STATION AND THENCE TO A PERMANENT STATION DOES NOT IN ANY SENSE ALTER THE FACT THAT YOUR WIFE'S TRAVEL TO FORT HUACHUCA WAS INCIDENT TO YOUR ORDERS TO ACTIVE DUTY AND ASSIGNMENT TO FIRST PERMANENT STATION. APPARENTLY FORT HUACHUCA WAS YOUR ONLY PERMANENT STATION WHILE ON ACTIVE DUTY, THAT BEING THE STATION FROM WHICH YOU WERE RELEASED FROM ACTIVE DUTY.

IN VIEW OF THE EXPRESS TERMS OF THE CITED STATUTE AND APPLICABLE REGULATIONS, AND INASMUCH AS FORT HUACHUCA WAS YOUR FIRST PERMANENT STATION--- YOUR ASSIGNMENT TO FORT MONMOUTH BEING, IN FACT, TEMPORARY DUTY ASSIGNMENT, THE PAYMENT TO YOU OF A DISLOCATION ALLOWANCE UPON THE TRAVEL OF YOUR WIFE TO FORT HUACHUCA, WAS ERRONEOUS. WHILE IT IS UNFORTUNATE THAT THE ERRONEOUS PAYMENT WAS MADE, IT IS WELL ESTABLISHED THAT PERSONS RECEIVING MONEY ERRONEOUSLY PAID BY A GOVERNMENT AGENCY OR OFFICIAL ACQUIRE NO LEGAL RIGHT THERETO, AND THE COURTS CONSISTENTLY HAVE HELD THAT SUCH PERSONS ARE BOUND IN EQUITY AND GOOD CONSCIENCE TO MAKE RESTITUTION. SEE UNITED STATES V. BURCHARD, 125 U.S. 176; UNITED STATES V. WURTS, 303 U.S. 414; WISCONSIN CENTRAL RAILROAD V. UNITED STATES, 164 U.S. 190; UNITED STATES V. SUTTON CHEMICAL COMPANY, 11 F.2D 24, AND THE CASES CITED AND DISCUSSED IN 63 A.L.R. 1346.

FOR THE REASONS STATED ABOVE, YOU ARE REQUESTED TO REMIT WITHOUT FURTHER DELAY THE SUM OF $85.50 BY CHECK OR MONEY ORDER MADE PAYABLE TO THE U.S. GENERAL ACCOUNTING OFFICE, TO THE FOLLOWING ADDRESS:

U.S. GENERAL ACCOUNTING OFFICE

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