B-142167, APR. 25, 1960
Highlights
WHICH DISALLOWED YOUR CLAIM FOR $42.48 WHICH WAS ENTERED AS A CHARGE ON YOUR MILITARY PAY RECORD TO COVER MORTGAGE INSURANCE PREMIUMS PAID BY THE AIR FORCE TO THE FEDERAL HOUSING ADMINISTRATION FOR THE PERIOD AUGUST 1. YOU SAY YOUR CLAIM IS PREDICATED UPON THE FACT THAT YOU HAD NO KNOWLEDGE THAT THE MORTGAGE INSURANCE WAS IN EFFECT UNTIL RECEIPT OF THE REQUEST FOR PAYMENT OF $42.48 TO COVER THE PREMIUMS PAID BY THE AIR FORCE AFTER THE DISPOSAL OF YOUR PROPERTY. YOU SAY YOU ARE FULLY AWARE OF THE REQUIREMENTS OF AIR FORCE REGULATION NO. 34-65. REQUIRING YOU TO NOTIFY THE AIR FORCE WHEN YOU TERMINATED OWNERSHIP OF YOUR PROPERTY BUT YOU REPEAT THAT YOUR CLAIM IS BASED ON THE FACT THAT THE COPY OF THE DD FORM 802 BEARING YOUR SIGNATURE INDICATED THAT YOUR APPLICATION HAD BEEN REFUSED.
B-142167, APR. 25, 1960
TO COLONEL PAUL A. WEDLAN, USAF:
ON FEBRUARY 15, 1960, YOU REQUESTED REVIEW OF OUR SETTLEMENT OF FEBRUARY 3, 1960, WHICH DISALLOWED YOUR CLAIM FOR $42.48 WHICH WAS ENTERED AS A CHARGE ON YOUR MILITARY PAY RECORD TO COVER MORTGAGE INSURANCE PREMIUMS PAID BY THE AIR FORCE TO THE FEDERAL HOUSING ADMINISTRATION FOR THE PERIOD AUGUST 1, 1958, THROUGH JANUARY 31, 1959. ALSO, YOU REQUEST INFORMATION CONCERNING YOUR REPORTED INDEBTEDNESS TO THE GOVERNMENT FOR $43.96, COVERING LOSS OR DAMAGE TO GOVERNMENT PROPERTY AS ADMINISTRATIVELY DETERMINED BY THE SECRETARY OF THE ARMY.
YOU SAY YOUR CLAIM IS PREDICATED UPON THE FACT THAT YOU HAD NO KNOWLEDGE THAT THE MORTGAGE INSURANCE WAS IN EFFECT UNTIL RECEIPT OF THE REQUEST FOR PAYMENT OF $42.48 TO COVER THE PREMIUMS PAID BY THE AIR FORCE AFTER THE DISPOSAL OF YOUR PROPERTY. ALSO, YOU SAY YOU ARE FULLY AWARE OF THE REQUIREMENTS OF AIR FORCE REGULATION NO. 34-65, DATED NOVEMBER 15, 1954, REQUIRING YOU TO NOTIFY THE AIR FORCE WHEN YOU TERMINATED OWNERSHIP OF YOUR PROPERTY BUT YOU REPEAT THAT YOUR CLAIM IS BASED ON THE FACT THAT THE COPY OF THE DD FORM 802 BEARING YOUR SIGNATURE INDICATED THAT YOUR APPLICATION HAD BEEN REFUSED.
THE COPY OF THE DD FORM 802 WHICH YOU FURNISHED OUR OFFICE SHOWS THAT YOU EXECUTED THE REQUEST FOR CERTIFICATE OF ELIGIBILITY FOR MORTGAGE INSURANCE ON JUNE 27, 1957, AND IT WAS APPROVED BY THE FEDERAL HOUSING ADMINISTRATION ON OCTOBER 9, 1957. THE FORM DOES SHOW A "REJECTED - AFFC" STAMP AND ALSO A "PROCESSED - AFFC" STAMP. HOWEVER, WE NOTE THAT THE PROCESSED STAMP IN INK OVERLAPS THE REJECTED STAMP AND WAS APPLIED AFTER THE REJECTED STAMP WHICH IS A PART OF THE PHOTOSTATIC COPY. WHILE THERE MAY HAVE BEEN SOME DOUBT IN YOUR MIND WHEN YOU RECEIVED THE FORM WITH THE TWO STAMPS THEREON, THE AIR FORCE HAS ADVISED US THAT MORTGAGE INSURANCE PREMIUMS WERE PAID TO THE FEDERAL HOUSING ADMINISTRATION ON YOUR BEHALF FOR THE PERIOD OCTOBER 1, 1957, THROUGH JANUARY 31, 1959, AT THE RATE OF $7.08 PER MONTH THAT YOUR HOUSE PAYMENTS WOULD HAVE BEEN INCREASED BY $7.08 PER MONTH IF THE CERTIFICATE HAD NOT BEEN PROCESSED. THIS SHOULD HAVE PLACED YOU ON NOTICE THAT THE CERTIFICATE HAD BEEN PROCESSED.
SINCE YOU FAILED TO NOTIFY THE AIR FORCE WHEN YOU TERMINATED OWNERSHIP OF YOUR PROPERTY AS REQUIRED BY AIR FORCE REGULATION NO. 34 65 AND SINCE THE AIR FORCE COULD NOT TERMINATE PAYMENT OF THE MORTGAGE INSURANCE PREMIUMS UNTIL RECEIPT OF NOTICE OF A CHANGE IN OWNERSHIP OF THE PROPERTY, YOUR CLAIM FOR REFUND OF THE PREMIUMS PAID BY THE AIR FORCE AFTER THE DISPOSAL OF YOUR PROPERTY MAY NOT BE ALLOWED. THEREFORE WE HOLD THAT THE SETTLEMENT OF FEBRUARY 3, 1960, WAS CORRECT AND IT HEREBY IS SUSTAINED.
CONCERNING YOUR REQUEST FOR INFORMATION ON YOUR INDEBTEDNESS FOR LOSS OR DAMAGE TO GOVERNMENT PROPERTY, OUR RECORDS SHOW THAT ON APRIL 9, TI48, THE DEPARTMENT OF THE ARMY REPORTED UNCOLLECTIBLE DEBTS TO OUR CLAIMS DIVISION AS FOLLOWS:
"IN ACCORDANCE WITH SECTIONS 1 AND 2 OF THE ACT OF 29 MARCH 1894 (28 STAT. 47), IT IS HEREBY CERTIFIED THAT THE INDIVIDUALS, FORMER MILITARY PERSONNEL, NOW DISCHARGED OR SEPARATED FROM SERVICE, LISTED ON THE INCLOSURE HERETO CONSISTING OF THREE (3) PAGES, ARE INDEBTED TO THE UNITED STATES IN THE AMOUNTS STATED, AS A RESULT OF ADMINISTRATIVE DETERMINATION BY THE SECRETARY OF THE ARMY ON ACCOUNT OF LOSS OR DAMAGE TO GOVERNMENT PROPERTY; THAT THIS INCLUDES ALL CHARGES FOR PROPERTY AGAINST THE INDIVIDUALS MADE TO DATE AND NOT PREVIOUSLY CERTIFIED; THAT THEY HAVE HAD REASONABLE OPPORTUNITY TO BE HEARD AND HAVE NOT BEEN RELIEVED OF RESPONSIBILITY; THAT DEMAND FOR PAYMENT HAS BEEN MADE, AND THAT PAYMENT HAS NOT BEEN RECEIVED; THAT NONE OF THE INDIVIDUALS LISTED ARE BONDED; THAT THE PROPER ACCOUNT TO BE CREDITED WITH COLLECTION IS "MISCELLANEOUS RECEIPTS 214330, REIMBURSEMENT, GOVERNMENT PROPERTY LOST OR DAMAGED.'"
YOUR NAME, AMONG OTHERS, WAS INCLUDED ON THE INCLOSURE AND THE AMOUNT OF YOUR INDEBTEDNESS WAS SHOWN AS $43.96. YOUR NAME AND ADDRESS WERE SHOWN AS "WEDLAN, PAUL A. MAJOR O-2051757 BOX 57, ASHEVILLE, NORTH CAROLINA.' ON SEPTEMBER 21, 1950, WE ADDRESSED A LETTER TO YOU AT BOX 57, ASHEVILLE, NORTH CAROLINA, CONCERNING THE INDEBTEDNESS BUT IT WAS RETURNED TO US ON SEPTEMBER 27, 1950, UNCLAIMED.
IF YOU DESIRE FURTHER INFORMATION CONCERNING YOUR REPORTED INDEBTEDNESS, YOU SHOULD WRITE THE DEPARTMENT OF THE ARMY, OFFICE OF THE CHIEF OF FINANCE, AND REFER TO THEIR LETTER DATED APRIL 9, 1948, TO OUR CLAIMS DIVISION, FILE FINEP-C 140.2 ALBRIGHT, CLINTON R. F/O T 62594. HOWEVER, SINCE YOUR INDEBTEDNESS WAS REPORTED TO OUR OFFICE PURSUANT TO AN ADMINISTRATIVE DETERMINATION OF LOSS OR DAMAGE TO GOVERNMENT PROPERTY MADE BY THE SECRETARY OF THE ARMY, WE HAVE NO ALTERNATIVE BUT TO CONTINUE COLLECTION ACTION OF THE $43.96 DETERMINED TO BE DUE. YOU CHECK OR MONEY ORDER PAYABLE TO THE "U.S. GENERAL ACCOUNTING OFFICE" SHOULD BE FORWARDED TO THE U.S. GENERAL ACCOUNTING OFFICE, POST OFFICE BOX 2610, WASHINGTON 13, D.C. ..END :