B-125914, JUL. 2, 1956

B-125914, JUL. 2, 1956

TO MR. JAMES J. KOLAR:

WE REFER TO YOUR LETTER OF SEPTEMBER 21, 1955, WITH ENCLOSURES, REQUESTING REVIEW OF THE ACTION TAKEN IN OUR LETTER TO YOU OF SEPTEMBER 9, 1955, CONCERNING YOUR INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $1,775.71. THE INDEBTEDNESS REPRESENTS AMOUNTS DUE FOR LOSS OF GOVERNMENT PROPERTY WHILE YOU WERE SERVING AS AN OFFICER IN THE UNITED STATES ARMY.

THE INDEBTEDNESS WAS CERTIFIED TO OUR OFFICE BY LETTER OF MAY 27, 1953, FROM HEADQUARTERS FIFTH ARMY, DEPARTMENT OF THE ARMY, AS HAVING BEEN BASED ON AN ADMINISTRATIVE DETERMINATION UNDER AUTHORITY OF THE SECRETARY OF THE ARMY THAT YOU WERE INDEBTED TO THE UNITED STATES IN THE AMOUNT STATED; THAT YOU HAD A REASONABLE OPPORTUNITY TO BE HEARD AND HAD NOT BEEN RELIEVED OF RESPONSIBILITY; THAT DEMAND FOR PAYMENT HAD BEEN MADE; AND THAT PAYMENT HAD NOT BEEN RECEIVED.

SUCH ACTION WAS TAKEN UNDER AUTHORITY OF SECTIONS 1 AND 2 OF THE ACT OF MARCH 29, 1894, 28 STAT. 47, AS AMENDED, 31 U.S.C. 89, 90. IN VIEW OF THE PROVISIONS OF THAT STATUTE, THE DETERMINATION OF YOUR LIABILITY IN THE MATTER IS NOT SUBJECT TO REVIEW BY OUR OFFICE. HOWEVER, IN THE LIGHT OF THE CONTENTIONS IN YOUR LETTER OF SEPTEMBER 21, 1955, DISCLAIMING RESPONSIBILITY FOR THE LOSS OF THE GOVERNMENT PROPERTY, YOUR LETTER, WITH ENCLOSURES, WAS TRANSMITTED TO THE CHIEF OF FINANCE FOR AN ADDITIONAL REPORT IN THE MATTER.

BY LETTER OF JUNE 6, 1956, THE OFFICE OF THE CHIEF OF FINANCE ADVISED OUR OFFICE IN PERTINENT PART, AS FOLLOWS:

"INFORMATION HAS BEEN RECEIVED FROM THE OFFICE OF THE SECRETARY OF THE ARMY THAT CAPTAIN KOLAR'S APPEAL HAS BEEN REVIEWED AND IS DENIED.

"COLLECTION ACTION SHOULD CONTINUE AS REQUESTED IN LETTER FROM THE FIFTH ARMY DATED 27 MAY 1953 FORWARDED TO YOUR OFFICE BY 1ST INDORSEMENT DATED 9 JUNE 1953.'

WE HAVE NO ALTERNATIVE BUT TO ACCEPT THE DETERMINATION THAT YOU ARE INDEBTED TO THE UNITED STATES AS REPORTED.

ACCORDINGLY, IT IS REQUESTED THAT THE AMOUNT DUE BE REMITTED TO OUR OFFICE. IF PAYING THE AMOUNT IN FULL AT THIS TIME WOULD WORK A HARDSHIP, YOU SHOULD SUBMIT AN INITIAL PAYMENT TOGETHER WITH A DEFINITE PLAN FOR PAYMENT OF THE BALANCE IN MONTHLY INSTALLMENTS OVER A REASONABLE LENGTH OF TIME. EACH PAYMENT SHOULD BE IN THE FORM OF A BANK DRAFT, CHECK OR POSTAL MONEY ORDER MADE PAYABLE TO "U.S. GENERAL ACCOUNTING OFFICE" AND FORWARDED TO THE CLAIMS DIVISION, UNITED STATES GENERAL ACCOUNTING OFFICE, POST OFFICE BOX 2610, WASHINGTON 13, D.C., REFERRING TO CLAIM NO. DW-Z- 1403627.