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ROBERT EANS: REFERENCE IS MADE TO YOUR UNDATED LETTER RECEIVED HERE JULY 1. WHEREIN IT WAS CONCLUDED THAT YOU WERE OVERPAID THE SUM OF $45.02 INCIDENT TO YOUR SERVICE IN THE ARMY. YOU BELIEVE YOU ARE ENTITLED TO AN ADDITIONAL AMOUNT. AS YOU WERE ADVISED IN OUR LETTER OF JUNE 14. ALL OF THE PAPERS IN YOUR CASE WERE CAREFULLY RE-EXAMINED AND A TRANSCRIPT WAS OBTAINED OF ALL PAYMENTS. SUCH INFORMATION WAS PAINSTAKINGLY PREPARED AND WAS TAKEN FROM THE OFFICIAL PAY RECORDS AND SUPPORTING DOCUMENTS AS FURNISHED US BY THE DEPARTMENT OF THE ARMY. YOU HAVE FURNISHED NOTHING WHICH WOULD REFUTE THE CORRECTNESS OF THE OFFICIAL RECORDS AND HENCE YOUR LETTER DOES NOT WARRANT ANY MODIFICATION OR RECONSIDERATION OF THE PRIOR ACTION IN THE MATTER.

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B-129319, SEP. 19, 1957

TO MR. ROBERT EANS:

REFERENCE IS MADE TO YOUR UNDATED LETTER RECEIVED HERE JULY 1, 1957, CONCERNING THE ACTION TAKEN IN OUR LETTER TO YOU DATED JUNE 14, 1957, B- 129319, WHEREIN IT WAS CONCLUDED THAT YOU WERE OVERPAID THE SUM OF $45.02 INCIDENT TO YOUR SERVICE IN THE ARMY.

YOU QUESTION THE CORRECTNESS OF CERTAIN ITEMS SET FORTH IN THE STATEMENT OF YOUR PAY ACCOUNT AS SHOWN IN OUR LETTER OF JUNE 14, 1957. YOU INDICATE THAT ON THE BASIS OF YOUR MEMORY YOU DID NOT RECEIVE THE FULL AMOUNT DUE YOU AND, INSTEAD OF BEING INDEBTED TO THE UNITED STATES, YOU BELIEVE YOU ARE ENTITLED TO AN ADDITIONAL AMOUNT.

AS YOU WERE ADVISED IN OUR LETTER OF JUNE 14, 1957, ALL OF THE PAPERS IN YOUR CASE WERE CAREFULLY RE-EXAMINED AND A TRANSCRIPT WAS OBTAINED OF ALL PAYMENTS, INCLUDING PARTIAL PAYMENTS, MADE TO YOU DURING THE PERIOD OF YOUR SERVICE FROM AUGUST 1, 1948, TO APRIL 20, 1950. SUCH INFORMATION WAS PAINSTAKINGLY PREPARED AND WAS TAKEN FROM THE OFFICIAL PAY RECORDS AND SUPPORTING DOCUMENTS AS FURNISHED US BY THE DEPARTMENT OF THE ARMY.

YOU HAVE FURNISHED NOTHING WHICH WOULD REFUTE THE CORRECTNESS OF THE OFFICIAL RECORDS AND HENCE YOUR LETTER DOES NOT WARRANT ANY MODIFICATION OR RECONSIDERATION OF THE PRIOR ACTION IN THE MATTER. YOU MAY BE ADVISED, HOWEVER, THAT THE STATEMENT OF YOUR PAY ACCOUNT--- WHICH COVERED THE PERIOD OF AUGUST 1, 1948, TO APRIL 20, 1950--- DID NOT INCLUDE THE PERIOD JULY 8 TO JULY 31, 1948, FOR THE REASON THAT IN YOUR ORIGINAL CLAIM YOU WERE CONCERNED PRIMARILY WITH PAYMENTS WHICH AROSE AFTER JULY 31, 1948, AND WHICH REQUIRED AN ADJUSTMENT IN YOUR PAY ACCOUNT. A TRANSCRIPT OF YOUR PAY ACCOUNT FOR THE PERIOD JULY 8 TO 31, 1948, SHOWS THAT YOU WERE PAID IN CASH AS A PRIVATE FIRST CLASS (AT THE RATE OF $80 PER MONTH) IN THE SUM OF $35.31, AND THAT THERE WAS DEDUCTED FROM YOUR PAY $15.92, REPRESENTING A CLASS M ALLOTMENT FOR THE MONTH OF JULY AT $7.96 PER MONTH, PLUS PAYMENT OF THE ALLOTMENT FOR ONE MONTH IN ADVANCE AS REQUIRED BY REGULATIONS, PARTIAL PAYMENT OF $10, AND $0.10 FOR SOLDIERS' HOME DEDUCTIONS. YOUR PAY DURING THE PERIOD OF YOU SERVICE WAS COMPUTED IN ACCORDANCE WITH THE RATES OF PAY AUTHORIZED BY THE LAWS IN EFFECT DURING THAT TIME.

AS TO THE CHARGES MADE AGAINST YOUR ACCOUNT FOR THE PURCHASE OF SAVINGS BONDS AND YOUR ALLEGED NONRECEIPT OF SEVERAL OF THOSE BONDS, THE OFFICIAL RECORDS SHOW THAT THE FOLLOWING BONDS WERE ISSUED IN YOUR NAME AND REDEEMED AND PAID BY THE TREASURER OF THE UNITED STATES, AS FOLLOWS: X 24 465 355, DATED AUGUST 1948; X 24 465 356, DATED SEPTEMBER 1948; Q 859 713 514, DATED SEPTEMBER 1948; X 24 556 073, DATED NOVEMBER 1948; X 24 605 614, DATED MAY 1949; X 23 929 338, DATED JULY 1949; X 23 929 339, DATED AUGUST 1949; X 23 929 340, DATED SEPTEMBER 1949; X 23 929 341, DATED OCTOBER 1949; X 23 930 056, DATED NOVEMBER 1949; X 23 23 930 976, DATED DECEMBER 1949; X 23 931 663, DATED JANUARY 1950; X 23 931 980, DATED FEBRUARY 1950; AND X 23 932 406, DATED MARCH 1950. THE PURCHASE PRICE OF BOND NO. Q 859 713 514 WAS $18.75, AND THE PURCHASE PRICE OF EACH OF THE OTHER BONDS WAS $7.50. ANY FURTHER INQUIRIES CONCERNING THE ISSUANCE OF THOSE BONDS SHOULD BE ADDRESSED TO THE TREASURER OF THE UNITED STATES.

CONCERNING YOUR COURT-MARTIAL FORFEITURES AND THE BASIS FOR THE CHARGES RAISED AGAINST YOU, YOU ARE ADVISED THAT THE PREFERRING OF CHARGES AGAINST AN ENLISTED MAN OF THE ARMY FOR OFFENSES COMMITTED, THE DETERMINATIONS AS TO WHETHER OR NOT HE IS GUILTY, THE PUNISHMENT IMPOSED AND ITS EXECUTION ARE ALL MATTERS WHICH COME ENTIRELY WITHIN THE JURISDICTION OF THE DEPARTMENT OF THE ARMY. THIS IS ALSO TRUE WITH RESPECT TO THE ACCOUNTABILITY AND RESPONSIBILITY FOR PROPERTY LOST OR DAMAGED BY A MEMBER SERVING IN THE ARMED FORCES.

AS STATED IN OUR LETTER OF JUNE 14, 1957, YOU SHOULD REMIT THE AMOUNT OF THE OVERPAYMENT ($45.02) BY CHECK OR MONEY ORDER PAYABLE TO THE UNITED STATES GENERAL ACCOUNTING OFFICE.

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