B-141482, JAN. 26, 1960

B-141482, JAN. 26, 1960

TO MR. WILLIAM L. HALL:

THE DEPARTMENT OF THE ARMY REFERRED TO US YOUR LETTER OF SEPTEMBER 8, 1959, WITH ENCLOSURE, IN EFFECT REQUESTING FURTHER CONSIDERATION IN THE MATTER OF YOUR INDEBTEDNESS TO THE UNITED STATES OF $200 REPRESENTING ERRONEOUS PAYMENT OF MUSTERING-OUT PAY WHICH YOU RECEIVED INCIDENT TO YOUR ACTIVE SERVICE IN THE UNITED STATES ARMY RESERVE. THE FACTS OF THE MATTER WERE STATED IN OUR LETTER TO YOU DATED AUGUST 5, 1959, COPY ENCLOSED, AND WILL NOT BE REPEATED HERE.

IT APPEARS TO BE YOUR VIEW THAT SINCE YOUR ORDERS DIRECTED YOU TO PROCEED ON JANUARY 31, 1955, WHICH YOU DID IN GOOD FAITH AND SINCE YOUR DD FORM 214, REPORT OF TRANSFER OR DISCHARGE, SHOWS JANUARY 31, 1955, AS YOUR DATE OF ENTRY INTO THE SERVICE, THAT YOU MUST BE CONSIDERED AS BEING ON ACTIVE DUTY STATUS ON JANUARY 31, 1955. THEREFORE, YOU CONTEND YOU WERE PROPERLY PAID MUSTERING-OUT PAYMENT UPON YOUR DISCHARGE.

AS WE EXPLAINED IN OUR LETTER OF AUGUST 5, 1959, UNDER THE APPLICABLE REGULATIONS, PAY AND ALLOWANCES OF COMMISSIONED OFFICERS COMMENCE ON THE DAY THEY OFFICIALLY AND NECESSARILY BEGIN TO COMPLY WITH ORDERS CALLING THEM TO ACTIVE DUTY. ALLOWING TRAVEL TIME OF THREE DAYS FOR THE TRAVEL BY PRIVATELY OWNED CONVEYANCE AUTHORIZED BY EXECUTIVE ORDER NO. 10153, YOU WERE NOT OFFICIALLY AND NECESSARILY REQUIRED TO PROCEED FROM YOUR HOME UNDER THE ORDERS OF DECEMBER 30, 1954, AS AMENDED BY ORDERS OF JANUARY 7, 1955, UNTIL FEBRUARY 1, 1955, TO ENABLE YOU TO REPORT AT FORT MCCLELLAN, ALABAMA, ON FEBRUARY 3, 1955, THE DATE YOU ACTUALLY REPORTED. CONSEQUENTLY, YOUR ACTIVE DUTY STATUS AND YOUR RIGHT TO PAY AND ALLOWANCES COMMENCED ON FEBRUARY 1, 1955. YOUR PAY RECORD CARD FOR THE PERIOD ENDING JUNE 30, 1955, SHOWS YOU WERE CREDITED WITH PAY AND ALLOWANCES BEGINNING ON FEBRUARY 1, 1955. THE FACT THAT YOUR ORDERS DIRECTING YOU TO DEPART ON JANUARY 31, 1955, WHICH YOU SAY YOU OBEYED IN GOOD FAITH--- YOUR TRAVEL VOUCHER SHOWS YOU DEPARTED ON JANUARY 30--- DOES NOT AFFECT YOUR LEGAL LIABILITY TO REFUND THE AMOUNT DUE. IN THE ABSENCE OF A STATUTE SO PROVIDING, THE GOVERNMENT IS NOT IN ANY WAY RESPONSIBLE FOR THE MISTAKES OF ITS OFFICERS AND EMPLOYEES AND IT IS WELL SETTLED THAT PERSONS WHO RECEIVE ERRONEOUS PAYMENTS FROM THE UNITED STATES THROUGH ADMINISTRATIVE ERROR OF ITS OFFICERS MUST RETURN THEM TO THE UNITED STATES. ROBERTSON V. SICHEL, 127 U.S. 507; UNITED STATES V. NORTHWESTERN NATIONAL BANK AND TRUST COMPANY OF MINNEAPOLIS, 35 F.SUPP. 484, 486; WISCONSIN CENTRAL RAILROAD V. UNITED STATES, 164 U.S. 190; UNITED STATES V. BENTLEY, 107 F.2D 382, 384.

ACCORDINGLY, WE HAVE NO RECOURSE OTHER THAN TO REAFFIRM OUR PREVIOUS ACTION IN THE MATTER. YOU ARE AGAIN REQUESTED TO REMIT THE SUM OF $200 WHICH SHOULD BE MADE PAYABLE TO THE "U.S. GENERAL ACCOUNTING OFFICE," AND SHOULD BE ADDRESSED TO THE U.S. GENERAL ACCOUNTING OFFICE, BOX 2610, WASHINGTON 13, D.C. ..END :