B-86001 (G), I-17000-2759, AUG. 29, 1957

B-86001 (G), I-17000-2759, AUG. 29, 1957

TO DR. FERDINAND O. GRASEL:

REFERENCE IS MADE TO YOUR LETTER DATED JUNE 14, 1957, IN WHICH YOU REFER TO OUR LETTER OF APRIL 11, 1957, B-86001 (G), I-17000-2759, CONCERNING YOUR INDEBTEDNESS TO THE UNITED STATES RESULTING FROM THE RECEIPT OF INCREASED ALLOWANCE PAYMENTS AS FOR AN OFFICER WITH A DEPENDENT MOTHER INCIDENT TO YOUR SERVICE AS AN OFFICER IN THE UNITED STATES AIR FORCE.

IN OUR LETTER OF APRIL 11, 1957, WE REAFFIRMED OUR DECISION TO YOU DATED DECEMBER 12, 1956, B-86001 (G), I-17000-2759, CONCLUDING THAT THE RECORD, AS THEN SUPPLEMENTED, DID NOT WARRANT A DETERMINATION THAT YOUR MOTHER WAS IN FACT DEPENDENT ON YOU FOR OVER ONE-HALF OF HER SUPPORT. IT WAS POINTED OUT THAT YOU HAD NOT ESTABLISHED THE AVERAGE MONTHLY AMOUNT OF YOUR MOTHER'S REASONABLE AND NECESSARY LIVING EXPENSES AS REQUIRED BY THE RULES SET FORTH IN THE CITED COURT DECISIONS, AND YOUR CONTENTIONS RESPECTING THE AMOUNT OF YOUR CONTRIBUTIONS WERE NOT SUBSTANTIATED.

YOU NOW CONTEND THAT THE AMOUNT OF YOUR CONTRIBUTIONS HAS BEEN SUBSTANTIATED, AND YOU SAY THAT ,I KNOW OF NO STANDARD DECIDING WHAT CONSTITUTES A REASONABLE AND NECESSARY LIVING EXPENSE FOR A FAMILY OF FOUR OR FIVE, BUT FEEL STRONGLY THAT A MONTHLY LIVING EXPENSE UNDER $200. FOR A FAMILY OF FOUR OR FIVE CERTAINLY IS NOT UNREASONABLE NOR AN EXTRAVAGANT ONE.' YOU ALSO SAY THAT "I DO WISH TO GO ON RECORD STATING THAT I FEEL PERHAPS I SHOULD NOT HAVE RECEIVED INCREASED ALLOWANCES DURING THE PERIOD IN QUESTION BECAUSE MY MOTHER WAS RECEIVING A DEPENDENCY ALLOWANCE FROM ANOTHER SOURCE, EVEN THOUGH SUCH FACTS WERE MADE KNOWN AT THE TIME I ESTABLISHED THE NEED FOR INCREASED ALLOWANCES.'

THE PAYMENT OF INCREASED ALLOWANCES TO OFFICERS WITH DEPENDENTS DURING THE PERIOD HERE INVOLVED WAS GOVERNED BY SECTIONS 5 AND 6 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 361. SECTION 4 OF THAT ACT DEFINED THE TERM "DEPENDENT," AS USED IN THE ACT, AS INCLUDING "THE FATHER OR MOTHER OF THE PERSON CONCERNED PROVIDED HE OR SHE IS IN FACT DEPENDENT ON SUCH PERSON FOR HIS OR HER CHIEF SUPPORT.' IT CONSISTENTLY HAS BEEN HELD, BOTH BY THE COURTS AND THE ACCOUNTING OFFICERS, THAT THE TERM "CHIEF SUPPORT" AS USED IN THE PAY READJUSTMENT ACT OF 1942 MEANS "MAIN" SUPPORT, OR ,PRINCIPAL" SUPPORT, THAT IS, WHERE THE PARENT IS DEPENDENT UPON THE OFFICER FOR "MOST" OR THE ,GREATER" PART OF THE FUNDS NECESSARY FOR HIS OR HER REASONABLE SUPPORT. GEER V. UNITED STATES, 76 C.CLS. 259. ALSO, IT HAS BEEN HELD THAT THE FACT THAT AN OFFICER'S MONTHLY CONTRIBUTION TO HIS MOTHER WAS IN EXCESS OF HER INDEPENDENT INCOME DOES NOT OF ITSELF ESTABLISH THE FACT THAT SHE WAS DEPENDENT ON HIM FOR HER CHIEF SUPPORT, BUT THAT IT MUST BE SHOWN THAT HIS CONTRIBUTION WAS REQUIRED FOR HER NECESSARY AND PROPER SUPPORT, AND THAT IT CONSTITUTED THE CHIEF PART OF SUCH SUPPORT. SEE ODLIN V. UNITED STATES, 74 C.CLS. 633; WHITING V. UNITED STATES, 80 C.CLS. 662.

WHILE, ORDINARILY, A MEMBER WILL BE CONSIDERED THE CHIEF SUPPORT OF HIS PARENT IF HIS AVERAGE MONTHLY CONTRIBUTIONS EXCEED 50 PERCENT OF THE PARENT'S AVERAGE MONTHLY LIVING EXPENSES, AND THE AVERAGE MONTHLY INCOME OF THE PARENT FROM ALL OTHER SOURCES IS LESS THAN CONTRACTING OFFICER HAD ANY REASON TO SUSPECT THAT THE COMPANY'S BID WAS NOT BE CONSIDERED A DEPENDENT IF THE PARENT'S AVERAGE MONTHLY INCOME FROM ALL OTHER SOURCES EXCEEDS 50 PERCENT OF THE PARENT'S AVERAGE MONTHLY LIVING EXPENSES, IRRESPECTIVE OF WHETHER THE MEMBER'S CONTRIBUTIONS EXCEED 50 PERCENT OF SAID AVERAGE MONTHLY LIVING EXPENSES. AND IN THE WHITING CASE, CITED ABOVE, THE COURT STATED, AT PAGE 665:

"* * * THAT IS INCUMBENT ON THE OFFICER SEEKING THE BENEFIT OF ITS (THE STATUTE-S) PROVISIONS TO ESTABLISH (1) THE REASONABLE AND NECESSARY LIVING EXPENSES OF THE MOTHER WHOSE DEPENDENCY IS CLAIMED, AND (2) TO ESTABLISH THAT HIS CONTRIBUTION TO HER SUPPORT,OVER AND ABOVE THE AMOUNT OF HER INCOME FROM OTHER SOURCES, WAS SUCH AS TO MAKE HER DEPENDENT ON HIM FOR HER CHIEF SUPPORT. IN OTHER WORDS IT MUST BE SHOWN THAT THE AMOUNT REQUIRED FOR HER REASONABLE AND NECESSARY LIVING EXPENSES WAS CONTRIBUTED CHIEFLY BY THE PLAINTIFF OFFICER. * * *"

UNDER THE ABOVE RULES, IT IS PERTINENT THAT YOU ESTABLISH THE AVERAGE MONTHLY AMOUNT OF YOUR MOTHER'S REASONABLE AND NECESSARY LIVING EXPENSES DURING THE PERIOD INVOLVED. YOU HAVE NOT DONE SO TO DATE. IN THAT CONNECTION, AS A RESULT OF OUR ORIGINAL INVESTIGATION IN THE MATTER, THE FOLLOWING IS A SUMMARY OF THE MONTHLY LIVING EXPENSES OF MRS. GRASEL AND HER MINOR CHILDREN AS SHOWN BY THE RECORDS OF THE MARATHON COUNTY WELFARE BOARD, WAUSAU, WISCONSIN, AND HER MONTHLY INCOME, OTHER THAN YOUR CONTRIBUTIONS, AS SHOWN BY THE MARATHON COUNTY WELFARE BOARD AND THE CHARIS CORPORATION, ALLENTOWN, PENNSYLVANIA:

CHART

MONTHLY LIVING EXPENSES

PERIOD AMOUNT 1/1/44 -

7/31/44 $ 79.01 8/1/44 - 6/30/45

98.22 7/1/45 - 6/30/46 85.82

7/1/46 - 3/31/47 84.61 4/1/47 -

3/31/48 93.81 4/1/48 - 8/15/48

110.40

MONTHLY INCOME

PERIOD AMOUNT 1/1/44 -

7/31/44 $ 79.00 8/1/44 - 3/31/45

89.254/1/45 - 6/30/45 137.25

7/1/45 - 12/31/45 124.75 1/1/46 -

6/30/46 126.75 7/1/46 - 12/31/46

139.25 1/1/47 - 3/31/47 131.25

4/1/47 - 12/31/47 132.25 1/1/48 -

3/31/48 121.25 4/1/48 - 8/15/48

131.25

ON THE BASIS OF THOSE FIGURES AND THE RULES CITED IN THE COURT CASES, YOUR MOTHER'S AVERAGE MONTHLY INCOME WAS MORE, NOT LESS, THAN ONE-HALF OF HER AVERAGE MONTHLY LIVING EXPENSES. SEVERAL DISCREPANCIES HAVE BEEN NOTED RESPECTING THE AMOUNTS SHOWN IN YOUR CERTIFICATE OF DEPENDENCY AND THOSE FURNISHED BY THE WELFARE BOARD WHICH HAVE NOT BEEN EXPLAINED. ATTACHED TO VOUCHER NO. 24427, JUNE 1948 ACCOUNTS OF R. Y. HARRISS, ON WHICH YOU WERE PAID $1,406.40, REPRESENTING A RETROACTIVE ADJUSTMENT FOR INCREASED ALLOWANCES ON ACCOUNT OF A DEPENDENT MOTHER FOR THE PERIOD JANUARY 1, 1944, TO MAY 31, 1945, YOU CERTIFIED THAT YOUR MOTHER'S INCOME FROM OTHER SOURCES AMOUNTED TO $35 PER MONTH. ALSO, ON YOUR DEPENDENCY CERTIFICATE OF APRIL 30, 1948--- CERTIFYING AS TO THE PRIOR SIX MONTHS--- YOU CERTIFIED THAT YOUR MOTHER'S INCOME FROM OTHER SOURCES AMOUNTED TO $35 PER MONTH. THIS IS CONTRARY TO THE RECORDS OF THE MARATHON COUNTY WELFARE BOARD WHICH SHOWS THAT YOUR MOTHER RECEIVED WELFARE BENEFITS OF APPROXIMATELY $70 PER MONTH DURING THE PERIOD HERE INVOLVED.

EVEN ASSUMING THAT THE LIVING EXPENSES OF YOUR MOTHER AND HER MINOR CHILDREN AMOUNTED TO APPROXIMATELY $200 PER MONTH, WHICH YOU SAY IS NOT UNREASONABLE, THE FACT STILL REMAINS THAT YOUR MOTHER'S INCOME FROM SOURCES OTHER THAN YOUR CONTRIBUTIONS DURING THE PERIOD APRIL 1, 1945, TO AUGUST 15, 1948 ($137; $124; $139; $121 AND $132), WAS MORE, NOT LESS, THAN ONE-HALF OF HER AVERAGE MONTHLY LIVING EXPENSES FOR THE SAME PERIOD ($98; $85; $94 AND $110).

CONCERNING YOUR CONTRIBUTIONS TO YOUR MOTHER'S SUPPORT, WHILE IT APPEARS FROM THE RECORD THAT A CLASS E ALLOTMENT WAS DEDUCTED FROM YOUR PAY IN THE AMOUNT OF $125 PER MONTH FOR THE PERIOD JANUARY 1944 THROUGH MARCH 1945 AND A CLASS E ALLOTMENT OF $200 PER MONTH FOR THE PERIOD SEPTEMBER 1946 THROUGH JUNE 1948, YOU ADMITTED IN YOUR LETTER OF FEBRUARY 10, 1957, THAT PART OF THAT MONEY WAS USED BY YOU TO PURCHASE A NEW CAR. ALSO, YOU HAVE NOT FURNISHED US WITH SUBSTANTIATING EVIDENCE SHOWING THE CONTRIBUTIONS MADE BY YOU TO YOUR MOTHER DURING THE INTERVENING PERIOD APRIL 1945 THROUGH SEPTEMBER 1946.

THE FACT THAT YOUR MOTHER WAS RECEIVING AID FROM THE WELFARE BOARD AT THE TIME YOU FILED FOR INCREASED ALLOWANCE, OF COURSE, WOULD NOT IN ITSELF DEFEAT YOUR RIGHT TO SUCH ALLOWANCES IF YOUR MOTHER WAS IN FACT DEPENDENT ON YOU WITHIN THE MEANING OF THE STATUTE.

SINCE NO ADDITIONAL EVIDENCE WAS SUBMITTED WITH YOUR LETTER OF JUNE 14, 1957, NO REASON IS APPARENT, ON THE PRESENT RECORD, FOR CHANGING THE ORIGINAL CONCLUSION THAT YOUR MOTHER WAS NOT IN FACT DEPENDENT ON YOU FOR OVER ONE-HALF OF HER SUPPORT DURING THE PERIOD JANUARY 1, 1944, TO JUNE 15, 1948, AS REQUIRED BY THE STATUTE.

WE AGAIN CALL YOUR ATTENTION TO THE FACT THAT UNLESS WITHIN 45 DAYS THE AMOUNT OF THE IMPROPER PAYMENT IS REMITTED, OR ARRANGEMENTS ARE MADE TO LIQUIDATE THE INDEBTEDNESS BY REGULAR INSTALLMENT PAYMENTS, A DEBT CHARGE WILL BE RAISED AGAINST YOU AND THE MATTER WILL BE REFERRED TO THE DEPARTMENT OF JUSTICE FOR COLLECTION ACTION.

ANY SUCH PAYMENTS SHOULD BE MAILED TO THE UNITED STATES GENERAL ACCOUNTING OFFICE, POST OFFICE BOX 2610, WASHINGTON 13, D.C. THE REFERENCE "CLAIM NO. 1891827" SHOULD BE SHOWN ON ALL PAYMENTS AND CORRESPONDENCE CONCERNING YOUR INDEBTEDNESS.