B-86001/P), I-17000-143, JUN. 8, 1955

B-86001/P), I-17000-143, JUN. 8, 1955

TO THE HONORABLE SECRETARY OF THE AIR FORCE:

REFERENCE IS MADE TO LETTER DATED DECEMBER 7, 1954, FROM THE AIR FORCE FINANCE CENTER, DENVER, COLORADO, CONCERNING INCREASED RENTAL AND SUBSISTENCE ALLOWANCE PAYMENTS MADE TO LIEUTENANT COLONEL CHARLES E. PARSONS, AO-45928, AS FOR AN OFFICER WITH A DEPENDENT MOTHER DURING THE PERIOD MAY 1, 1946, TO APRIL 6, 1949. ENTITLEMENT TO THE PAYMENTS WAS QUESTIONED IN A REPORT OF INVESTIGATION, COPIES OF WHICH WERE TRANSMITTED TO YOU WITH OUR LETTER OF JUNE 18, 1951.

OUR INVESTIGATION, INCLUDING A PERSONAL INTERVIEW WITH THE MOTHER, DISCLOSED THAT SHE AND THE OFFICER'S FATHER LIVED TOGETHER DURING THE PERIOD THE INCREASED ALLOWANCE PAYMENTS WERE MADE; THAT THE FATHER WAS NOT EMPLOYED UNTIL FEBRUARY 24, 1947, AFTER WHICH HE EARNED AN AVERAGE OF $183 A MONTH; AND THAT THEY HAD NO OTHER INCOME. THE INVESTIGATION DISCLOSED FURTHER THAT THE PARENTS' LIVING EXPENSES WERE $253 A MONTH IN 1946 AND 1947, AND $233 A MONTH IN 1948 AND 1949, AND THAT THE OFFICER CONTRIBUTED $100 A MONTH TO THEIR SUPPORT. IT WAS CONCLUDED THAT, SINCE DURING THE PERIOD FEBRUARY 24, 1947, TO APRIL 6, 1949, THE PARENTS' AVERAGE MONTHLY INCOME WAS MORE THAN ONE-HALF OF THEIR AVERAGE MONTHLY LIVING EXPENSES, THE MOTHER WAS NOT IN FACT DEPENDENT ON THE OFFICER FOR CHIEF SUPPORT. DETERMINATION WAS MADE REGARDING THE EARLIER PERIOD.

IT APPEARS FROM THE FINANCE CENTER LETTER THAT, BASED ON A LATER INVESTIGATION MADE BY THE DEPARTMENT OF THE AIR FORCE, IT WAS DETERMINED THAT DURING THE ENTIRE PERIOD THE INCREASED ALLOWANCE PAYMENTS WERE MADE THE MOTHER'S LIVING EXPENSES AVERAGED $274 A MONTH, HER INCOME FROM SOURCES OTHER THAN THE OFFICER'S CONTRIBUTIONS AVERAGED $117 A MONTH, AND HIS CONTRIBUTIONS AVERAGED $160 A MONTH. SINCE THE OFFICER'S AVERAGE MONTHLY CONTRIBUTION WAS SHOWN TO BE MORE AND THE MOTHER'S AVERAGE MONTHLY INCOME FROM OTHER SOURCES WAS SHOWN TO BE LESS THAN ONE-HALF OF HER AVERAGE MONTHLY LIVING EXPENSES, IT WAS CONCLUDED THAT SHE WAS IN FACT DEPENDENT ON HIM FOR CHIEF SUPPORT AND THAT HE WAS ENTITLED TO RETAIN THE QUESTIONED INCREASED ALLOWANCE PAYMENTS. THE FINANCE CENTER EXPLAINS THAT THE AMOUNTS USED IN MAKING THEIR DETERMINATION RESULTED FROM AVERAGING THE ACTUAL AMOUNTS OVER THE ENTIRE PERIOD INVOLVED ON THE BASIS OF THE PRINCIPLES UNDERLYING OUR DECISION OF JANUARY 18, 1946, B-49533.

THE CITED DECISION WAS RENDERED IN RESPONSE TO A REQUEST BY A DISBURSING OFFICER OF THE ARMY WHETHER PAYMENT WAS AUTHORIZED ON THREE VOUCHERS IN FAVOR OF ANOTHER OFFICER COVERING INCREASED RENTAL AND SUBSISTENCE ALLOWANCES ON ACCOUNT OF THE LATTER'S MOTHER. THE DISBURSING OFFICER'S DOUBT IN THE MATTER WAS DUE TO THE VARYING MONTHLY AMOUNTS OF THE CLAIMING OFFICER'S CONTRIBUTIONS AND HIS MOTHER'S OTHER INCOME. THE CLAIMING OFFICER EXPLAINED THAT THE VARYING AMOUNTS SHOWN ON HIS CERTIFICATES OF DEPENDENCY WERE DUE TO THE FLUCTUATING COMMISSIONS RECEIVED BY THE MOTHER FROM INSURANCE WRITTEN BY HIM AND HIS FATHER PRIOR TO THE LATTER'S DEATH. THE DISBURSING OFFICER WAS ADVISED THAT, IN VIEW OF THE RATIONALE OF THE COURT OF CLAIMS DECISIONS CITED, NO OBJECTION WAS PERCEIVED TO THE AVERAGING OF THE ACTUAL AMOUNTS OVER THE ENTIRE PERIOD COVERED BY THE THREE VOUCHERS, BUT THAT THE EXACT AMOUNTS BY MONTHS AND THE PERIOD USED IN ARRIVING AT THE AVERAGE AMOUNTS SHOULD BE SHOWN. IN CONCLUSION HE WAS ADVISED THAT THE AVERAGING OF AMOUNTS AND EXTENSION OF THE PERIOD INVOLVED SHOULD NOT BE RESORTED TO FOR THE PURPOSE OF BRINGING ABOUT A SHOWING OF DEPENDENCY OF A PARENT FOR A PERIOD PRIOR TO THE ACTUAL INCEPTION OF THE DEPENDENCY, NOR FOR THE PURPOSE OF CONTINUING A STATUS OF DEPENDENCY BEYOND THE PERIOD WHEN THE DEPENDENCY ACTUALLY CEASED.

UPON REVIEW OF THE FACTS, AND GIVING THE OFFICER THE BENEFIT OF THE ADDITIONAL INFORMATION DEVELOPED BY THE DEPARTMENT OF THE AIR FORCE, IT REASONABLY APPEARS THAT DURING THE PERIOD MAY 1, 1946, TO FEBRUARY 23, 1947, THE PARENTS' LIVING EXPENSES AVERAGED BETWEEN $253 AND $274 A MONTH AND THAT THE OFFICER CONTRIBUTED AN AVERAGE OF ABOUT $160 TO THEIR SUPPORT. THE PARENTS HAD NO INCOME FROM ANY OTHER SOURCE DURING THAT PERIOD. THE DIFFERENCE BETWEEN THE AVERAGE MONTHLY AMOUNT OF THE OFFICER'S CONTRIBUTIONS AND THE AVERAGE MONTHLY AMOUNT OF THE PARENTS' LIVING EXPENSES APPEARS TO HAVE BEEN MET BY BORROWED FUNDS. SINCE THE OFFICER'S AVERAGE MONTHLY CONTRIBUTION WAS MORE THAN ONE-HALF OF THE PARENTS' AVERAGE MONTHLY LIVING EXPENSES AND THEY HAD NO OTHER INCOME, IT IS CONCLUDED THAT BOTH PARENTS WERE IN FACT DEPENDENT ON THE OFFICER FOR CHIEF SUPPORT DURING THE PERIOD MAY 1, 1946, TO FEBRUARY 23, 1947. CONSEQUENTLY, NO FURTHER ACTION NEED BE TAKEN TO EFFECT RECOVERY OF THE INCREASED ALLOWANCES PAID TO THE OFFICER FOR THAT PERIOD.

WHILE UNDER CERTAIN CONDITIONS AVERAGE AMOUNTS MAY BE USED AS A BASIS FOR DETERMINING THE EXISTENCE OF THE CLAIMED DEPENDENCY OF AN OFFICER'S MOTHER AND FATHER, OR EITHER OF THEM, IT WAS SAID IN THE DECISION RELIED ON BY THE FINANCE CENTER THAT THE AVERAGING OF AMOUNTS MAY NOT BE RESORTED TO FOR THE PURPOSE OF CONTINUING A STATUS OF DEPENDENCY BEYOND THE PERIOD WHEN THE DEPENDENCY ACTUALLY CEASED. IT FOLLOWS, IN THIS CASE, THAT DURING THE PERIOD FEBRUARY 24, 1947, TO APRIL 6, 1949, WHEN THE FATHER'S AVERAGE MONTHLY INCOME WAS MORE THAN ONE-HALF OF THE AVERAGE MONTHLY LIVING EXPENSES OF BOTH PARENTS, NEITHER PARENT MAY BE CONSIDERED AS IN FACT DEPENDENT ON THE OFFICER FOR CHIEF SUPPORT REGARDLESS OF THE MONTHLY AMOUNT OF HIS CONTRIBUTION. IN THE CIRCUMSTANCES, FURTHER CONSIDERATION BY THE DEPARTMENT OF THE AIR FORCE WITH A VIEW TO RECOVERING THE INCREASED ALLOWANCE PAYMENTS MADE TO COLONEL PARSONS ON ACCOUNT OF HIS MOTHER AFTER FEBRUARY 23, 1947, AND INFORMATION AS TO ANY COLLECTIONS, WILL BE APPRECIATED.