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B-174239 1 (1973-05-15)

handle is hein.gao/gaobaadqc0001 and id is 1 raw text is: 4 1 COMfI1?OLLER GENERAL OF TH UNITED STATES WASHINGTO. D.C. 30,l B-174239 flay 15, 1973 I he lonorable Peter We Rod-tno, Jrs Chairmian, Coufttee on the Judiciary House of Repreentatives Puarn r, Rodino: Reference is made to your lcjtar dated February 22, 1973# requesting our ews oz Ht.R 43201, a bill for the reief of Kenioth )I# Schalz of llaburg, fl& York, Thin bill would relieve Hr, Schmitz of hi'W!iabiLty to the United States ±n the amount of $453, stated to represont overpay- merts of ntilitary pa7 and aflowancen uhile serving on active duty in the United States 1arine Corps Reserve during the period July 19 1969, through Harch 19, 1970. In addition, the bill would relieve the certifying or disburaing officer of liability to the etent of the overpayrtnt and would authorize and direct the Secretary of the Treasury to pay to Mr. Schmitz an aount equal to the sum of an7 anounts received or withheld from sums othendee due hi on account of sucih overpayuent. Since the indebtedueano reprepents erroneo,'mn p% nte which appropriately nay be considered for waiver under the provisions of 10 U.S.C. 2774, ac added by the act of October 2, 1972, Public Law 92-453, 86 Stat, 75B, we referred the matter to the onuandant of tbe Hnrine Corps on Harch 7, 1,973, for investigation and report in e.ccordance with the Standards for Waiver promulanted in iupl- entation of the waiver atatute, published December 8, 1972, in the Federal Registor, Vol. 37# page 26096, pte, fy It:ter dated April 10, 1973, the Utead, Diebursing Irauch, riscal Diviaion of the Hardne Corps, by direction of the Comuandant of the Marino Corps, .expressed tha opinion that all of the conditions for waiver an 'outlined in tie Standards for Waiver are presunt in thiu case and r. oco~ewded that the claim against lit. Schmitz in the anount of $453 be waived, / Under the authority of 10 U.S.C. 2774 and in view of all the ( :fnecte and circumtnces involved in the case, indicating no fault // ;.on the part of Hr. Sclmitz, we have decidou to waive the claim of / 1 /th& United Stato eqaint him. The Commandaunt of the itarine Corpo / , • iP

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