B-123731, AUG. 3, 1955

B-123731, AUG. 3, 1955

TO MR. EUREL L. JACKSON:

REFERENCE IS MADE TO YOUR AFFIDAVIT OF FEBRUARY 2, 1955, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF MARCH 30, 1954, IN WHICH YOU WERE CERTIFIED TO BE INDEBTED TO THE UNITED STATES IN THE SUM OF $569.50. THAT AMOUNT REPRESENTS THE BALANCE DUE BY REASON OF DAMAGE TO A GOVERNMENT- OWNED TRUCK ($1,040.50), PLUS OVERPAYMENT FOR THREE DAYS' LEAVE ($11.98), LESS $482.98 WITHHELD FROM YOUR PAY PRIOR TO YOUR DISCHARGE AS PRIVATE, ARMY AIR CORPS. YOU CLAIM THAT YOU ARE ENTITLED TO A TOTAL OF $508.60 WITHHELD FROM YOUR PAY, AND DENY YOUR LIABILITY FOR DAMAGE TO THE TRUCK.

YOUR INDEBTEDNESS OF $569.50 WAS REPORTED TO US BY LETTER OF JULY 10, 1953, FROM THE AIR FORCE AS HAVING BEEN BASED ON A DETERMINATION BY THE SECRETARY OF THE AIR FORCE THAT YOU WERE INDEBTED TO THE UNITED STATES IN THE AMOUNT STATED AND THAT YOU HAD A REASONABLE OPPORTUNITY TO BE HEARD AND HAD NOT BEEN RELIEVED OF RESPONSIBILITY. IT WAS STATED, ALSO, THAT DEMAND FOR PAYMENT HAD BEEN MADE AND THAT PAYMENT HAD NOT BEEN RECEIVED. SUCH ACTION WAS TAKEN BY THE SECRETARY UNDER AUTHORITY CONTAINED IN SECTIONS 1 AND 2 OF THE ACT OF MARCH 29, 1894, 28 STAT. 47, AS AMENDED, 31 U.S.C. 89, 90. A DETERMINATION OF LIABILITY UNDER THAT STATUTE IS NOT SUBJECT TO REVIEW BY US.

ACCORDINGLY, THE SETTLEMENT OF MARCH 30, 1954, IS SUSTAINED. IN THE FINAL SETTLEMENT OF YOUR PAY ACCOUNT IT WAS FOUND THAT YOU WERE INDEBTED TO THE UNITED STATES IN THE SUM OF $25.62 IN ADDITION TO THE AMOUNT MENTIONED ABOVE. HENCE, YOUR TOTAL PAY DUE, $508.60, WAS REDUCED TO $482.98, AND THAT AMOUNT WAS APPLIED IN PARTIAL LIQUIDATION OF YOUR INDEBTEDNESS, LEAVING A BALANCE DUE THE UNITED STATES OF $569.50, AS SET FORTH IN THE SETTLEMENT. SINCE THE AMOUNT DUE AS FINAL PAY HAS BEEN APPLIED AGAINST YOUR INDEBTEDNESS, NO BASIS IS APPARENT FOR YOUR CLAIM.