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B-173783 1 (1976-03-02)

handle is hein.gao/gaobaddfd0001 and id is 1 raw text is: 



DECISION


FILE:


MATTER   OF:


DIGEST:


DATE:     MAR 2  1976


   Major Jeffrey Allen Rossmann


Where officer's check for pay and
allowances was not delivered to
bank due to inadvertent failure of
Army  to process properly an exten-
sion of the member's term of service
and he issued personal checks which
were presented and returned for
insufficient funds service charge of
$25 may not be paid to claimant by
Government  absent statute containing
authority for such payment.


   This action is in response to the claim of Major Jeffrey Rzossmann,
USA, for reimbursement of $25 representing charges for the handling
of insufficient fund checks be  ut to th. failurc. of th  epartment
of the Army to forward his military pay directly to his bank.

    The claimant indicates that on January 21, 1975, he extended his
active duty status to indefinite, thus voiding his normal expiration
of military service which would otherwise have occurred. Apparently,
this extension of active duty was not properly processed with the
United States Army Finance Office with the result that his pay was
stopped and deposit of his pay in the First National Bank of Alameda,
California, was not accomplished on June 15, 1975, as he expected.
The claimant indicates that his May 30, 1975 JUMPS pay statement
stated that it was his last pay before discharge and that shortly
thereafter he talked to a sergeant in the Personnel Division about
his pay. He was apparently advised that the problem would be taken
care of. Nevertheless corrective action was apparently not taken
in time to permit his June mid-month pay to be issued and no deposit
was sent to his bank at that time.

    Because his pay was not deposited as he expected five of
claimant's checks were not honored by the bank because of insuf-
ficient funds on June 19 and 20, 1975. Claimant contends that
since these charges were occasioned by the negligence of Letterman
Army  Medical Center, Personnel Division, in failing to send proper
notice of his extension of service to the Army Finance Center, he
is entitled to reimbursement thereof. Major Rossmann stated that


B-173783


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  ItA . tLE R  0
         STHE   CoMFTlVP3LLER GENERAL
           OF   THE   UNITED STATES
SWASHINGTON, D.C. 20548
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