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B-193400 1 (1979-01-31)

handle is hein.gao/gaobadgwt0001 and id is 1 raw text is: DECIION %J E UNTF RR FILE: B-193400 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 20548 DATE: January 31, 1979 MATTER OF: Mr. Ollie N. Marshall DIGEST: 1. An Army member stopped a class E allotment for the support of his wife but due to an administrative error the wife continued to receive monthly allotment checks without the required deductions being made from the mem- ber's pay. Upon discovery of the error the Army collected the overpayment ,from the member's. pay.7rhe membibr is not entitled to reimbursement of the amount collected even thouTgh l rpayments may not have been due to his fault or negligence since the-pro- eeds from the allotment inured to his benefit as he had a moral and legal obligation to support his wife and children and the allotment served this purpose. ,q&C OOOAO 2. Army members' allotments of pay are authorl zed by 37 U.S. C. 701(d) which also provides tha/if an allotment is erroneously paid because the required officer failed to report a fact which made it not payable, the amount not recovered from the allottee, shall, if practicable, be collected from the officer who failed to make the report. That provision does not prohibit collection action against the member when his wife receives an erroneous allotment for her and their childrens' s ort for which the member is legally obligated./ The erroneous payment inured also to the lember's benefit and, thus, he is in a position similar to that of his wife, the allottee. This action is in response to a letter dated September 28, 1978, from James H. Green, Esq., attorney for Mr. Ollie N. Marshall, appealing our Claims Division's disallowance of Mr. Marshall's claim for reimbursement. of money collected from his military pay on account of erroneous allotment payments made to his wife during the period of October 1970 through February 1972. The record shows that on June 25, 1970, Mr. Marshall, then a staff sergeant in the United States Army assigned to duty in Vietnam, m A A,1 I - 11,

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