B-161734, JUL. 7, 1967

B-161734, JUL. 7, 1967

DEBT COLLECTIONS - ABATEMENT PENDING CONGRESSIONAL ACTION DECISION TO ARMY FINANCE OFFICER ADVISING THAT IN VIEW OF PRIVATE RELIEF BILL NOW PENDING BEFORE CONGRESS NO OBJECTION WILL BE MADE TO SUSPENSION OF COLLECTION ACTION FOR RETIRED WARRANT OFFICER FOR OVERPAYMENT OF RETIRED PAY DUE TO RECEIPT OF BASE RATE OF EXEMPTION UNDER THE DUAL COMPENSATION ACT.

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

YOUR LETTER DATED JUNE 1, 1967, ADDRESSED TO THE AUDITOR-IN-CHARGE, ARMY AUDIT STAFF, U. S. GENERAL ACCOUNTING OFFICE, INDIANAPOLIS, INDIANA, RECOMMENDS SUSPENSION OF FUTURE COLLECTION ACTION AGAINST CHIEF WARRANT OFFICER (W-4) LUCIEN A. MURZYN, USA, RETIRED, W 903593, IN CONNECTION WITH HIS INDEBTEDNESS IN THE AMOUNT OF $837.71, REPRESENTING OVERPAYMENT OF RETIRED PAY FOR THE PERIOD JULY 17, 1965, THROUGH JULY 31, 1966, DUE TO ADMINISTRATIVE ERROR IN THE COMPUTATION OF THE AMOUNT OF HIS BASE RATE OF EXEMPTION UNDER THE DUAL COMPENSATION ACT OF AUGUST 19, 1964, PUB. L. 88- 448, 78 STAT. 484.

BY LETTER DATED MARCH 16, 1967, MR. MURZYN AUTHORIZED A DEDUCTION OF $15 PER MONTH FROM HIS RETIRED PAY UNTIL THE OVERPAYMENT HAS BEEN CLEARED. THE AMOUNT OF THE MONTHLY DEDUCTION WAS ADMINISTRATIVELY INCREASED TO $25 PER MONTH AND IT APPEARS THAT MONTHLY COLLECTIONS AT THAT RATE HAVE BEEN MADE SINCE APRIL 1, 1967. YOUR RECOMMENDATION FOR SUSPENSION OF COLLECTION ACTION IS BASED ON THE MEMBER'S EXPRESSED FINANCIAL HARDSHIP AND THE REPAYMENT PROVISIONS OF SECTION 2 OF H.R. 9568, 90TH CONGRESS, A BILL INTRODUCED MAY 2, 1967, FOR THE RELIEF OF MR. MURZYN.

IN VIEW OF THE INTRODUCTION OF A PRIVATE RELIEF BILL, WHICH IS NOW PENDING BEFORE THE CONGRESS, WE WILL NOT OBJECT TO SUSPENSION OF COLLECTION ACTION IN MR. MURZYN'S CASE UNTIL THE CLOSE OF THE CURRENT SESSION OF THE 90TH CONGRESS.