B-135207, MAR. 18, 1958

B-135207, MAR. 18, 1958

TO MR. JAMES E. BIE:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 3, 1957, REGARDING YOUR INDEBTEDNESS TO THE UNITED STATES RESULTING FROM FAMILY ALLOWANCE PAYMENTS MADE TO YOUR PARENTS FOR THE PERIOD FROM MARCH 1, 1946, THROUGH JUNE 30, 1947. THIS MATTER WAS THE SUBJECT OF OUR LETTER DATED NOVEMBER 18, 1957, DW-Z-797237-CSR-5, TO HONORABLE ALEXANDER WILEY, UNITED STATES SENATE. IT IS PRESUMED THAT THE LETTER,OR A COPY, WAS FORWARDED TO YOU.

ON MARCH 1, 1946, WHILE SERVING AS AN ENLISTED MAN IN THE UNITED STATES ARMY, YOU APPLIED FOR FAMILY ALLOWANCE BENEFITS FOR YOUR PARENTS AND YOU YOUNGER BROTHER. AN INITIAL FAMILY ALLOWANCE PAYMENT OF $79, FOR THE MONTH OF FEBRUARY 1946, WAS MADE ON MARCH 6, 1946, TO YOUR MOTHER, MRS. MARGARET E. BIE, AS PAYEE, FOR SUCH DEPENDENTS. THE SUM SO PAID INCLUDED $68 FOR YOUR FATHER AND MOTHER AND $11 FOR YOUR MINOR BROTHER. IT APPEARS THAT ON MARCH 21, 1946, THE REGULAR FAMILY ALLOWANCE WAS AUTHORIZED, EFFECTIVE MARCH 1, 1946, IN BEHALF OF YOUR PARENTS BUT NOT FOR YOUR BROTHER. IT FURTHER APPEARS, HOWEVER, THAT ON APRIL 4, 1946, THE OFFICE OF DEPENDENCY BENEFITS, ON ASF ODB FORM 705, ADVISED THE COMMANDING OFFICER, 1612 SCU RRC, FORT SHERIDAN, ILLINOIS, THAT THE FAMILY ALLOWANCE FOR YOUR PARENTS AND BROTHER HAD BEEN DISAPPROVED FOR THE REASON THAT ,DEPENDENCY DOES NOT EXIST.' AN EXAMINATION OF VOUCHER NO. 35366, JUNE 1946 ACCOUNTS OF F. S. STRATTON, WHICH COVERED YOUR PAY FOR MAY 1946, SHOWS THAT AS A RESULT OF SUCH NOTICE YOU WERE CREDITED WITH THE SUM OF $44, REPRESENTING FAMILY ALLOWANCE DEDUCTION OF $22 A MONTH MADE FROM YOUR PAY FOR MARCH AND APRIL 1946, AND THAT THE AMOUNT OF $79 WAS DEDUCTED, FROM AMOUNTS OTHERWISE DUE YOU, TO EFFECT COLLECTION OF THE AMOUNT OF THE INITIAL FAMILY ALLOWANCE PAYMENT. UPON SUBSEQUENT RECONSIDERATION, HOWEVER, THE FAMILY ALLOWANCE FOR YOUR PARENTS WAS APPROVED, EFFECTIVE MARCH 1, 1946, AND PAYMENTS AT THE APPLICABLE RATE OF $68 A MONTH WERE AUTHORIZED. APPROVAL OF THE FAMILY ALLOWANCE BENEFITS FOR YOUR MINOR BROTHER WAS WITHHELD PENDING RECEIPT OF HIS BIRTH CERTIFICATE. IT APPEARS THAT THE BIRTH CERTIFICATE WAS NEVER FURNISHED AND THAT HIS ENTITLEMENT WAS NEVER ESTABLISHED.

THE RECORDS SHOW THAT 16 FAMILY ALLOWANCE CHECKS, EACH FOR $68, COVERING THE FAMILY ALLOWANCE FOR YOUR PARENTS FOR THE PERIOD FROM MARCH 1, 1946, TO JUNE 30, 1947, WERE ISSUED TO YOUR MOTHER MRS. MARGARET E. BIE, AS PAYEE, AND THAT SHE RECEIVED AND CASHED THE CHECKS. SINCE NO AMOUNTS WERE WITHHELD FROM YOUR PAY TO COVER YOUR REQUIRED CONTRIBUTION OF $22 A MONTH TO SUCH FAMILY ALLOWANCE PAYMENTS, AN OVERPAYMENT TO YOU IN THE AMOUNT OF $352 WAS INDICATED. IT WAS CONSIDERED, HOWEVER, THAT SINCE A MONTHLY FAMILY ALLOWANCE OF $68 FOR YOUR PARENTS WAS APPROVED, THEY WERE ENTITLED TO $68 OF THE INITIAL FAMILY ALLOWANCE AND SINCE YOU WERE NOT REQUIRED TO CONTRIBUTE ANY PART OF SUCH PAYMENT ONLY $11, REPRESENTING THE PART OF THE INITIAL FAMILY ALLOWANCE PAID FOR YOUR MINOR BROTHER, SHOULD HAVE BEEN COLLECTED FROM YOU. ON SUCH BASIS, THE AMOUNT OF YOUR INDEBTEDNESS WAS REDUCED FROM $352 TO $284.

YOU SAY THAT IF THE FAMILY ALLOWANCE WAS PROPERLY PAID TO YOUR PARENTS THROUGH JUNE 30, 1947, IT SEEMS TO YOU THAT IT SHOULD HAVE CONTINUED THROUGH SEPTEMBER 22, 1947, THE DATE OF YOUR DISCHARGE, AND THAT YOUR PARENTS ARE ENTITLED TO AN ADDITIONAL $185 (2 MONTHS AND 22 DAYS AT $68 A MONTH) AND THAT THE CHARGES AGAINST YOU SHOULD BE INCREASED BY $60 (2 MONTHS AND 22 DAYS AT $22 A MONTH).

WITH OUR LETTER DATED NOVEMBER 18, 1957, WE SENT TO SENATOR WILEY PHOTOSTATIC COPIES OF THE PERTINENT PARTS OF 13 VOUCHERS COVERING PAYMENTS MADE TO YOU FOR THE PERIOD FROM FEBRUARY 27, 1946, TO SEPTEMBER 22, 1947. YOU REFER TO VOUCHER NO. 5634, JANUARY 1947 ACCOUNTS OF B. B. CALL AWAY, WHICH COVERED YOUR PAY FOR THE PERIOD FROM SEPTEMBER 1 TO DECEMBER 31, 1946, AND TO VOUCHER NO. 7573, FEBRUARY 1947 ACCOUNTS OF THE SAME DISBURSING OFFICER, COVERING YOUR PAY FOR JANUARY 1947, AND SAY THAT IT IS QUITE OBVIOUS THAT THOSE VOUCHERS WERE NOT SIGNED BY YOU AND THAT THE INITIALS IN THE RIGHT COLUMN DO NOT BEAR ANY RESEMBLANCE TO YOUR WRITING. YOU SAY, FURTHER, THAT IF YOUR SUSPICIONS ARE CORRECT, YOU NEVER RECEIVED THE AMOUNTS OF $359.60 AND $89.50 SHOWN AS PAID ON THOSE VOUCHERS AND THAT, THEREFORE, THE SUM OF $449.10 IS STILL DUE YOU. YOU REFER, ALSO, TO VOUCHER NO. 1336, AUGUST 1947 ACCOUNTS OF GEORGE H. ZIMMER, WHICH SHOWS THAT YOU WERE PAID $100 AS FIRST INSTALLMENT OF $300 DUE YOU AS MUSTERING- OUT PAY. SINCE YOU WERE PAID NO MUSTERING-OUT PAY ON VOUCHER NO. 4522, SEPTEMBER 1947 ACCOUNTS OF A. S. KINSMAN, WHICH COVERED YOUR PAY THROUGH SEPTEMBER 22, 1947, THE DATE OF YOUR DISCHARGE, YOU CONCLUDE THAT THE AMOUNT OF $200 IS STILL DUE YOU AS MUSTERING-OUT PAY.

IN RECAPITULATION, YOU STATE THAT THERE IS DUE YOU THE AMOUNT OF $305.10 AND THAT THERE IS DUE YOUR PARENTS THE AMOUNT OF $185, A TOTAL OF $490.10, WHICH IS THE DIFFERENCE BETWEEN $344 (THE TOTAL OF $284 AND $60) AND $834.10 (THE TOTAL OF $359.60, $89.50, $200 AND $185).

THE RECORDS SHOW THAT CHECK NO. 291,598, DATED AUGUST 1, 1947, FOR $68, DRAWN TO THE ORDER OF MARGARET E. BIE, WHICH COVERED THE FAMILY ALLOWANCE FOR THE MONTH OF JULY 1947, WAS RETURNED BY THE PAYEE, WITHOUT COVERING LETTER, IN AN ENVELOPE POSTMARKED AUGUST 19, 1947, TO THE FAMILY ALLOWANCE DIVISION, ARMY FINANCE CENTER, OFFICE OF THE CHIEF OF FINANCE, ST. LOUIS 20, MISSOURI. CHECK NO. 622,367, DATED SEPTEMBER 1, 1947, FOR $68, ALSO DRAWN TO THE ORDER OF MARGARET E. BIE, WHICH COVERED THE FAMILY ALLOWANCE FOR THE MONTH OF AUGUST 1947, WAS RETURNED IN AN ENVELOPE POSTMARKED SEPTEMBER 6 (?), 1947, WITH AN ACCOMPANYING NOTE, NOT DATED, SIGNED BY MARGARET E. BIE, AS FOLLOWS: "JAMES E. BIE - DISCHARGED.' THE TWO CHECKS WERE SUBSEQUENTLY CANCELED. THE RECORDS DO NOT SHOW THAT A FAMILY ALLOWANCE CHECK WAS ISSUED IN THIS CASE FOR SEPTEMBER 1947. SINCE NO CLAIM FOR THE FAMILY ALLOWANCE FOR SEPTEMBER 1947 OR FOR THE PROCEEDS OF THE TWO CANCELED CHECKS WAS RECEIVED IN OUR OFFICE WITHIN THE 10-YEAR PERIOD, ANY CLAIM THEREFOR IS NOW BARRED BY THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061. SECTION 1 OF THAT ACT PROVIDES---

"THAT EVERY CLAIM OR DEMAND (EXCEPT A CLAIM OR DEMAND BY AN STATE, TERRITORY, POSSESSION OR THE DISTRICT OF COLUMBIA) AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE UNDER SECTION 305 OF THE BUDGET AND ACCOUNTING ACT OF JUNE 10, 1921 (42 STAT. 24), AND THE ACT OF APRIL 10, 1928 (45 STAT. 413), SHALL BE FOREVER BARRED UNLESS SUCH CLAIM, BEARING THE SIGNATURE AND ADDRESS OF THE CLAIMANT OR OF AN AUTHORIZED AGENT OR ATTORNEY, SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED * * *.'

YOUR LETTER DATED DECEMBER 3, 1957, IN WHICH YOU CLAIM THE SUM OF $359.60 SHOWN AS PAID YOU ON VOUCHER NO. 5634, JANUARY 1947 ACCOUNTS OF B. B. CALL AWAY, AND THE SUM OF $89.50 SHOWN AS PAID YOU ON VOUCHER NO. 7573, FEBRUARY 1947 ACCOUNTS OF THE SAME DISBURSING OFFICER, WAS RECEIVED IN OUR OFFICE ON DECEMBER 5, 1957. YOUR CLAIM FOR THOSE AMOUNTS IS, THEREFORE, BARRED BY THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, QUOTED ABOVE. MAY BE STATED, HOWEVER, THAT VOUCHER NO. 5634 BEARS THE CERTIFICATION OF FIRST LIEUTENANT NICHOLAS F. FAHEY, AS FOLLOWS:

"I CERTIFY THAT I WITNESSED THE PAYMENT OF THIS ROLL AND THAT PRIOR TO THE SIGNING OF THIS CERTIFICATE EACH MAN RECEIVED THE AMOUNT SET OPPOSITE HIS NAME, WITH THE EXCEPTION OF THOSE MEN MARKED "NOT PAID," AND THOSE INDICATED TO BE PAID BY CHECK.'

VOUCHER NO. 7573 BEARS AN IDENTICAL CERTIFICATION EXECUTED BY CAPTAIN ALBERT C. METTS. THERE IS NOTHING TO INDICATE THAT THE PAYMENTS SHOWN ON THE VOUCHERS WERE NOT MADE TO YOU AS OFFICIALLY CERTIFIED AND, CONTRARY TO YOUR STATEMENT, YOUR NAME AND INITIALS ON THE VOUCHERS APPEAR TO COMPARE FAVORABLY WITH OTHER SPECIMENS OF YOUR HANDWRITING IN THE FILE. HENCE, EVEN IF YOUR CLAIM FOR THE AMOUNTS SHOWN AS PAID TO YOU ON THE VOUCHERS WERE NOT BARRED, NO FURTHER PAYMENT SHOULD BE AUTHORIZED.

IN ADDITION TO THE INITIAL MUSTERING-OUT PAYMENT OF $100 INCLUDED IN THE AMOUNT PAID TO YOU ON VOUCHER NO. 1336, AUGUST 1947 ACCOUNTS OF GEORGE H. ZIMMER, YOU WERE PAID MUSTERING-OUT PAYMENTS AS FOLLOWS:

$100 BY CHECK NO. 3,530,491, DATED SEPTEMBER 15, 1947, DRAWN BY GEORGE H. ZIMMER, AND $100 BY CHECK NO. 3,532,106, DATED OCTOBER 15, 1947, DRAWN BY A. S. KINSMAN. OUR RECORDS INDICATE THAT THE TWO CHECKS WERE NEGOTIATED IN DUE COURSE AND PAID BY THE TREASURER OF THE UNITED STATES AND THAT, DUE TO THEIR AGE, THEY WERE DESTROYED PURSUANT TO LAW. CONSIDERATION OF YOUR CLAIM FOR MUSTERING-OUT PAY IN THE AMOUNT OF $200, WHICH IS IN EFFECT A CLAIM FOR THE PROCEEDS OF THE TWO CHECKS, IS PRECLUDED BY SECTION 2 OF THE ACT OF JUNE 22, 1926, 44 STAT. 761, WHICH PROVIDES:

"ALL CLAIMS ON ACCOUNT OF ANY CHECK, CHECKS, WARRANT, OR WARRANTS APPEARING TO HAVE BEEN PAID SHALL BE BARRED IF NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS AFTER THE DATE OF ISSUANCE OF THE CHECK, CHECKS, WARRANT, OR WARRANTS INVOLVED.'

ACCORDINGLY, THERE APPEARS NO REASON FOR MODIFICATION OF OUR PRIOR ACTION IN THIS CASE--- FINDING YOU INDEBTED TO THE UNITED STATES IN THE AMOUNT OF $284. IMMEDIATE STEPS SHOULD BE TAKEN BY YOU TO SUBMIT AN ACCEPTABLE PLAN FOR ITS FINAL LIQUIDATION BY INSTALLMENTS, IN ORDER THAT FURTHER COLLECTION ACTION WILL NOT BE NECESSARY. PAYMENTS MADE BY YOU SHOULD BE IN THE FORM OF BANK DRAFTS, CHECKS, OR MONEY ORDERS PAYABLE TO "U.S. GENERAL ACCOUNTING OFFICE" AND FORWARDED TO U.S. GENERAL ACCOUNTING OFFICE, POST OFFICE BOX 2610, WASHINGTON 13, D.C., REFERRING TO CLAIM Z- 797237.