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TO THE SECRETARY OF THE NAVY: REFERENCE IS MADE TO A LETTER DATED NOVEMBER 19. THE EXCEPTIONS WERE TO PAYMENTS OF PER DIEM MADE TO MARINE CORPS MEMBERS WHO PERFORMED DUTY. THE EXCEPTIONS WERE TAKEN AS THE RESULT OF OUR DECISION OF FEBRUARY 12. WERE CONTINUED PURSUANT TO OUR DECISION TO YOU. WHILE IT IS NOT ENTIRELY CERTAIN THAT ANY OR ALL OF THE CASES INVOLVED WOULD BE PROPER CASES FOR WAIVER IF H.R. 7529 SHOULD BE ENACTED IN ITS PRESENT FORM. NEVERTHELESS COLLECTION ACTION MAY BE SUSPENDED WHILE THE PERTINENT LEGISLATION IS PENDING.

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B-134568, DEC. 24, 1959

TO THE SECRETARY OF THE NAVY:

REFERENCE IS MADE TO A LETTER DATED NOVEMBER 19, 1959, FROM THE ASSISTANT SECRETARY OF THE NAVY (PERSONNEL AND RESERVE FORCES) CONCERNING CERTAIN NOTICES OF EXCEPTION ISSUED IN THE ACCOUNTS OF J. F. ELDER, SYMBOL A6101, AND RAY WOODS, SYMBOL A6796, MARINE CORPS DISBURSING OFFICERS.

THE EXCEPTIONS WERE TO PAYMENTS OF PER DIEM MADE TO MARINE CORPS MEMBERS WHO PERFORMED DUTY, DESIGNATED IN ORDERS AS TEMPORARY ADDITIONAL DUTY AWAY FROM THEIR DESIGNATED POSTS OF DUTY, FOR PROLONGED PERIODS. THE EXCEPTIONS WERE TAKEN AS THE RESULT OF OUR DECISION OF FEBRUARY 12, 1958, B-134568, AND WERE CONTINUED PURSUANT TO OUR DECISION TO YOU, B-134568, DATED JUNE 2, 1959.

THE ASSISTANT SECRETARY REFERS TO A BILL, H.R. 7529, PASSED BY THE HOUSE OF REPRESENTATIVES ON AUGUST 17, 1959, WHICH IF ENACTED INTO LAW, WOULD AUTHORIZE THE COMPTROLLER GENERAL, UPON RECOMMENDATION OF THE HEAD OF THE DEPARTMENT OR AGENCY CONCERNED AND A SHOWING THAT COLLECTION WOULD BE AGAINST EQUITY AND GOOD CONSCIENCE, TO WAIVE INDEBTEDNESS GROWING OUT OF ERRONEOUS PAYMENTS TO ANY CIVILIAN EMPLOYEE OF THE GOVERNMENT OR TO ANY MEMBER OF THE MILITARY OR NAVAL FORCES OF THE UNITED STATES. ON THE PREMISE THAT THE BILL IF ENACTED WOULD PERMIT THE RELIEF OF MEMBERS HERE INVOLVED OF THEIR INDEBTEDNESS TO THE UNITED STATES ARISING FROM THE ERRONEOUS PAYMENTS OF PER DIEM, THE ASSISTANT SECRETARY REQUESTS SUSPENSION OF COLLECTION ACTION UNTIL TERMINATION OF THE PRESENT CONGRESS.

WHILE IT IS NOT ENTIRELY CERTAIN THAT ANY OR ALL OF THE CASES INVOLVED WOULD BE PROPER CASES FOR WAIVER IF H.R. 7529 SHOULD BE ENACTED IN ITS PRESENT FORM, NEVERTHELESS COLLECTION ACTION MAY BE SUSPENDED WHILE THE PERTINENT LEGISLATION IS PENDING, EXCEPT TO THE EXTENT NECESSARY TO AVOID SUBSTANTIAL PREJUDICE TO THE RIGHTS OF THE UNITED STATES.

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