B-161309, JUN. 13, 1967

B-161309, JUN. 13, 1967

TO LIEUTENANT COLONEL D. G. HURSH, FC, EXECUTIVE OFFICER:

REFERENCE IS MADE TO YOUR LETTER OF MAY 11, 1967, ADDRESSED TO THE AUDITOR-IN-CHARGE, ARMY AUDIT STAFF (DEFENSE DIVISION) OF THE GENERAL ACCOUNTING OFFICE, INDIANAPOLIS, INDIANA, CONCERNING OVERPAYMENT OF RETIRED PAY RECENTLY DISCOVERED BY THE DEPARTMENT OF THE ARMY TO HAVE BEEN MADE TO FIRST LIEUTENANT JOECK KUNCEK, AUS, RETIRED, O-497752. THE OVERPAYMENT OF $11,462.23 OCCURRED DURING THE PERIOD JULY 26, 1954, TO JANUARY 31, 1967, INCLUSIVE, AND IS STATED TO HAVE RESULTED FROM ADMINISTRATIVE ERROR.

IT APPEARS THAT MR. KUNCEK'S RETIRED PAY HAS BEEN REDUCED EFFECTIVE FEBRUARY 1, 1967, TO THE GROSS AMOUNT OF $286.43 PER MONTH (THE CORRECT AMOUNT TO WHICH HE IS ENTITLED) AND THAT ADMINISTRATIVE COLLECTION OF HIS INDEBTEDNESS HAS BEEN INSTITUTED EFFECTIVE MAY 1, 1967, AT THE RATE OF $30 PER MONTH. IN THAT CONNECTION YOU REFER TO H.R. 8479, 90TH CONGRESS, A BILL INTRODUCED APRIL 12, 1967, FOR THE RELIEF OF MR. KUNCEK. YOU STATE:

"IN VIEW OF LIEUTENANT KUNCEK'S ADVANCED AGE, THE ENORMITY OF INDEBTEDNESS, HIS INDICATED INABILITY TO REPAY AT A GREATER SUM THAN $30.00 PER MONTH AND THE REPAYMENT PROVISIONS OF SECTION 2, H.R. 8479, IT IS RECOMMENDED THAT SUSPENSION OF FUTURE COLLECTION ACTION FROM LIEUTENANT KUNCEK BE APPROVED PENDING ENACTMENT OF PRIVATE RELIEF LEGISLATION BY THE 90TH CONGRESS AS INTRODUCED IN H.R. 8479.'

SINCE A PRIVATE RELIEF BILL HAS BEEN INTRODUCED AND IS NOW PENDING BEFORE THE CONGRESS, WE WILL NOT OBJECT TO SUSPENSION OF COLLECTION ACTION IN MR. KUNCEK'S CASE UNTIL THE CLOSE OF THE CURRENT SESSION OF THE 90TH CONGRESS.