B-144087, MAY 19, 1961

B-144087, MAY 19, 1961

TO MR. ERVIN KUSPA:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 20, 1960, WHICH WAS WRITTEN AFTER YOU RECEIVED OUR LETTER OF NOVEMBER 16, 1960, B-144087, REPLYING TO YOUR LETTER TO THE PRESIDENT OF THE UNITED STATES CONCERNING YOUR INDEBTEDNESS TO THE GOVERNMENT INCIDENT TO YOUR ARMY SERVICE FOR THE PERIOD ENDING APRIL 15, 1957. YOU STATE, AMONG OTHER THINGS, THAT YOU WOULD LIKE TO KNOW WHO CAN WAIVE YOUR INDEBTEDNESS AND THAT YOU WOULD LIKE TO HAVE RETURNED TO YOU THE PHOTOSTATS WHICH ACCOMPANIED YOUR LETTER TO THE PRESIDENT.

WE PREVIOUSLY HAVE ADVISED YOU THAT YOUR INDEBTEDNESS AMOUNTED TO $399.55 AND THAT IT RESULTED (1) FROM THE FACT THAT YOU USED 30 DAYS OF LEAVE IN EXCESS OF THE AMOUNT TO WHICH YOU WERE ENTITLED FOR THE PERIOD FROM APRIL 16, 1951, TO APRIL 15, 1957, AND THAT NO CHECK AGES WERE MADE IN YOUR PAY ACCOUNT TO RECOVER THE PAY AND ALLOWANCES CREDITED TO YOU FOR SUCH PERIOD OF EXCESS LEAVE, AND (2) FROM THE FACT THAT NO DEDUCTION WAS MADE FROM YOUR PAY TO COVER THE CLASS Q ALLOTMENT PAYMENT OF $157.10 MADE TO YOUR WIFE FOR THE MONTH OF APRIL 1957.

AFTER THE RECEIPT OF YOUR LETTER, THE MATTER OF THE CLASS Q ALLOTMENT PAYMENT TO YOUR WIFE FOR THE MONTH OF APRIL 1957 WAS REFERRED TO THE DEPARTMENT OF THE ARMY FOR CONSIDERATION UNDER SECTION 11 OF THE ACT OF SEPTEMBER 8, 1950, 50 U.S.C. APP. 2211, WHICH PROVIDES THAT THE SECRETARY OF THE DEPARTMENT CONCERNED MAY WAIVE THE RECOVERY OF ALLOTMENT PAYMENTS ERRONEOUSLY MADE WHENEVER HE FINDS THAT SUCH RECOVERY WOULD BE AGAINST EQUITY AND GOOD CONSCIENCE. THE DEPARTMENT OF THE ARMY HAS REPORTED THAT UPON A REDETERMINATION OF LIABILITY IN REGARD TO THE INDEBTEDNESS IN YOUR CLASS Q ALLOTMENT ACCOUNT, THE ALLOTTEE (YOUR WIFE) WAS CONSIDERED TO BE THE LIABLE DEBTOR, AND THAT UNDER THE PROVISIONS OF SECTION 11 OF THE ACT OF SEPTEMBER 8, 1950, AS AMENDED, THE INDEBTEDNESS WAS WAIVED ON APRIL 6, 1961.

IN VIEW OF THE ACTION TAKEN BY THE DEPARTMENT OF THE ARMY, IT IS NOW DETERMINED THAT THE AMOUNT OF YOUR INDEBTEDNESS INCIDENT TO YOUR ARMY SERVICE FOR THE PERIOD ENDING APRIL 15, 1957, SHOULD BE REDUCED TO $242.45 ($399.55 LESS $157.10). SINCE OUR RECORDS SHOW THAT YOU HAVE MADE SEVEN PAYMENTS, EACH IN THE AMOUNT OF $10, OR A TOTAL OF $70, THE NET AMOUNT NOW DUE IS $172.45 ($242.45 LESS $70).

WE KNOW OF NO STATUTORY AUTHORITY, SUCH AS SECTION 11 OF THE 1950 ACT, WHICH WOULD PERMIT THIS OFFICE OR ANY OTHER GOVERNMENT AGENCY TO WAIVE RECOVERY OF THE REMAINING AMOUNT OF YOUR INDEBTEDNESS. IT IS UNFORTUNATE THAT, THROUGH ERROR, YOU WERE GRANTED MORE LEAVE THAN YOU HAD EARNED, BUT SINCE YOU RECEIVED THE BENEFITS WHICH RESULTED FROM THAT ERROR, YOUR LIABILITY TO REFUND THE AMOUNT INVOLVED IS CLEAR. WE HAVE AGAIN EXAMINED THE RECORDS IN THIS CASE AND FIND NOTHING WHICH INDICATES THAT THE AMOUNT OF YOUR INDEBTEDNESS AS SHOWN ABOVE IS NOT CORRECT.

OUR RECORDS INDICATE THAT WHEN YOUR LETTER ADDRESSED TO THE PRESIDENT OF THE UNITED STATES WAS RECEIVED BY US, IT WAS NOT ACCOMPANIED BY THE PHOTOSTATS MENTIONED BY YOU, THE ONLY ENCLOSURE BEING OUR LETTER OF JUNE 17, 1960, TO YOU. THAT LETTER IS ENCLOSED.