B-148813, MAY 25, 1962

B-148813, MAY 25, 1962

TO MR. MORRIS S. GARRETT:

REFERENCE IS MADE TO YOUR CLAIM FOR BASIC QUARTERS' ALLOWANCE FOR DEPENDENT (WIFE) DURING THE PERIOD FROM DATE OF MARRIAGE, JANUARY 9, 1960, TO DATE OF DISCHARGE MARCH 30, 1960, INCIDENT TO YOUR SERVICES AS AN ENLISTED MAN, UNITED STATES ARMY.

THE ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, REPORTED THAT YOUR CLAIM WAS INITIALLY RECEIVED THERE ON DECEMBER 30, 1960, AND DENIED ON MARCH 21, 1961, SINCE IT WAS NOT SUBMITTED PRIOR TO YOUR DISCHARGE FROM THE SERVICE. ANOTHER CLAIM BY YOU WHICH WAS RECEIVED THROUGH THE HONORABLE EDGAR W. HIESTAND, HOUSE OF REPRESENTATIVES, ON JULY 26, 1961, WAS ALSO DENIED BY THE ARMY FINANCE CENTER. THAT OFFICE ALSO REPORTED THAT A SEARCH OF YOUR RECORDS FAILED TO SHOW EVIDENCE OF A CLAIM HAVING BEEN MADE BY YOU PRIOR TO YOUR DISCHARGE. YOU SAY THAT WHILE ON ACTIVE DUTY YOU APPLIED FOR A CLASS Q ALLOTMENT FOR YOUR WIFE AT FORT RILEY, KANSAS, BUT YOU WERE REFUSED BECAUSE YOUR FIRST AND MIDDLE NAMES WERE REVERSED ON THE MARRIAGE LICENSE. YOUR FRIEND, MR. KENNETH J. CRABTREE, HAS CERTIFIED THAT HE WAS PHYSICALLY PRESENT WHEN YOU APPLIED FOR SUCH ALLOTMENT ON OR ABOUT JANUARY 23, 1960, AT FORT RILEY.

THE PAYMENT OF BASIC ALLOWANCE FOR QUARTERS TO ENLISTED MEMBERS OF THE UNIFORMED SERVICES WITH DEPENDENTS IS GOVERNED BY SECTION 302 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 812, AS AMENDED BY THE DEPENDENTS ASSISTANCE ACT OF 1950, 64 STAT. 794. THAT SECTION, AS AMENDED, PROVIDES, AMONG OTHER THINGS, THAT PAYMENT OF SUCH ALLOWANCE SHALL BE MADE ONLY FOR SUCH PERIOD AS THE ENLISTED MEMBER HAS IN EFFECT AN ALLOTMENT OF PAY (CLASS Q ALLOTMENT) NOT LESS THAN THE SUM OF THE BASIC ALLOWANCE FOR QUARTERS TO WHICH HE IS ENTITLED, PLUS AN ADDITIONAL AMOUNT SPECIFICALLY PROVIDED BY THE STATUTE (AND VARYING ACCORDING TO HIS GRADE). SUCH ALLOTMENT IS NOT REQUIRED FOR THE CALENDAR MONTH IN WHICH DEPENDENCY COMMENCES IF THE ALLOTMENT IS EFFECTIVE FROM THE FOLLOWING MONTH, NOR FOR THE CALENDAR MONTH IN WHICH THE MEMBER IS DISCHARGED, IF NOT IMMEDIATELY REENLISTED.

SINCE A CLASS Q ALLOTMENT WAS NOT IN EFFECT AND NO DEDUCTION WAS MADE FROM YOUR PAY FOR THE MONTH OF FEBRUARY 1960, THE ALLOWANCE OF YOUR CLAIM WOULD BE CONTRARY TO THE EXPRESS TERMS OF THE STATUTE AND, HENCE, PAYMENT MAY NOT BE AUTHORIZED.

WITH REGARD TO YOUR CONTENTION THAT YOU ATTEMPTED TO FILE AN APPLICATION FOR A CLASS Q ALLOTMENT AND IT WAS REFUSED BECAUSE OF AN ERROR IN YOUR MARRIAGE LICENSE, IT MAY BE STATED THAT YOUR OFFICIAL RECORDS APPARENTLY FAIL TO SHOW THAT YOU MADE SUCH A REQUEST. HOWEVER, EVEN IF IT WERE CLEARLY ESTABLISHED THAT ARMY PERSONNEL MAY HAVE NEGLIGENTLY DISREGARDED SOME ORAL REQUEST BY YOU TO AUTHORIZE AN ALLOTMENT, THAT WOULD NOT PROVIDE A PROPER BASIS FOR THE ALLOWANCE OF YOUR CLAIM CONTRARY TO THE TERMS OF THE STATUTORY PROVISIONS INVOLVED. IT IS WELL ESTABLISHED THAT, IN THE ABSENCE OF SPECIFIC STATUTORY PROVISIONS, THE UNITED STATES IS NOT LIABLE FOR NEGLIGENT ACTIONS OF ITS OFFICERS, AGENTS, OR EMPLOYEES, EVEN THOUGH COMMITTED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES. GERMAN BANK V. UNITED STATES, 148 U.S. 573; 19 COMP. GEN. 503.