B-86001-/B), I-17000-3188, SEP. 3, 1957
Highlights
TO THE SECRETARY OF THE NAVY: REFERENCE IS MADE TO LETTER DATED JUNE 24. IT WAS STATED THAT THE COPIES OF THE REPORT OF INVESTIGATION TRANSMITTED THEREWITH INDICATED THAT THE OFFICER HAD RECEIVED IMPROPER PAYMENTS OF SUCH ALLOWANCES FOR THE PERIOD MENTIONED. WAS LESS THAN ONE- HALF OF SUCH MONTHLY LIVING EXPENSES. WHICH THE OFFICER AND HIS MOTHER HAVE ADMITTED. - MODIFICATION OF OUR CONCLUSION THAT THE MOTHER WAS NOT DEPENDENT ON THE OFFICER FOR HER CHIEF SUPPORT IS NOT WARRANTED. IT IS REQUESTED THAT THE DEPARTMENT OF THE NAVY TAKE ALL NECESSARY STEPS TO RECOVER THE ERRONEOUS PAYMENTS THAT WERE MADE TO THE OFFICER DURING THE PERIOD STATED. IN THAT CONNECTION ATTENTION IS INVITED TO THE ACT OF JULY 15.
B-86001-/B), I-17000-3188, SEP. 3, 1957
TO THE SECRETARY OF THE NAVY:
REFERENCE IS MADE TO LETTER DATED JUNE 24, 1957, PERS F22B-CAJ 165236/1100, FROM THE BUREAU OF NAVAL PERSONNEL, FORWARDING FOR OUR CONSIDERATION A STATEMENT DATED JUNE 13, 1957, BY LIEUTENANT COMMANDER GEORGE BIRDT, USN, 165236/1100, REGARDING PAYMENTS OF INCREASED RENTAL AND SUBSISTENCE ALLOWANCES MADE TO HIM ON BEHALF OF HIS ALLEGED DEPENDENT MOTHER DURING THE PERIOD FROM APRIL 21, 1944, THROUGH DECEMBER 31, 1946.
IN OUR LETTER OF MAY 7, 1957, I-17000-3188, IT WAS STATED THAT THE COPIES OF THE REPORT OF INVESTIGATION TRANSMITTED THEREWITH INDICATED THAT THE OFFICER HAD RECEIVED IMPROPER PAYMENTS OF SUCH ALLOWANCES FOR THE PERIOD MENTIONED. IT APPEARS FROM SUCH REPORT THAT, DURING THE PERIOD INVOLVED, THE MOTHER'S AVERAGE MONTHLY INCOME FROM EMPLOYMENT AND OTHER OUTSIDE SOURCES EXCEEDED ONE-HALF OF HER AVERAGE MONTHLY LIVING EXPENSES; THAT THE OFFICER'S AVERAGE MONTHLY CONTRIBUTION TO HIS MOTHER'S SUPPORT DURING THE PERIOD FROM APRIL 21, 1944, THROUGH AUGUST 31, 1944, WAS LESS THAN ONE- HALF OF SUCH MONTHLY LIVING EXPENSES; AND THAT, WHILE HIS CONTRIBUTIONS DURING THE PERIOD FROM SEPTEMBER 1, 1944, THROUGH DECEMBER 31, 1946, EXCEEDED ONE-HALF OF HIS MOTHER'S LIVING EXPENSES, HER OTHER INCOME ALSO EXCEEDED ONE-HALF OF SUCH EXPENSES. ON THIS RECORD, WHICH THE OFFICER AND HIS MOTHER HAVE ADMITTED--- SEE EXHIBITS ACCOMPANYING THE REPORT OF INVESTIGATION AND HIS LETTER OF JUNE 13, 1957--- MODIFICATION OF OUR CONCLUSION THAT THE MOTHER WAS NOT DEPENDENT ON THE OFFICER FOR HER CHIEF SUPPORT IS NOT WARRANTED. FURTHERMORE, WE KNOW OF NO PROVISION OF LAW WHICH WOULD AUTHORIZE US TO "FORGIVE" THE INDEBTEDNESS AS THE OFFICER REQUESTS IN PARAGRAPH 12 OF HIS LETTER OF JUNE 13, 1957.
ACCORDINGLY, IT IS REQUESTED THAT THE DEPARTMENT OF THE NAVY TAKE ALL NECESSARY STEPS TO RECOVER THE ERRONEOUS PAYMENTS THAT WERE MADE TO THE OFFICER DURING THE PERIOD STATED. IN THAT CONNECTION ATTENTION IS INVITED TO THE ACT OF JULY 15, 1954, 68 STAT. 482, AS IMPLEMENTED BY DEPARTMENT OF DEFENSE DIRECTIVE NO. 7330.2, DATED NOVEMBER 23, 1955.
WE WILL APPRECIATE INFORMATION REGARDING THE AMOUNTS COLLECTED BY THE DEPARTMENT OF THE NAVY.