B-127250, APR. 6, 1956

B-127250, APR. 6, 1956

TO MR. PATRICK S. ADAMS:

REFERENCE IS MADE TO A LETTER DATED JANUARY 14, 1956, WITH ENCLOSURES, WRITTEN ON YOUR BEHALF BY MR. GUS PIEPGRAS, SERVICE OFFICER, FORWARDED HERE BY THE DEPARTMENT OF THE ARMY, CONCERNING YOUR CLAIM FOR REFUND OF $22 A MONTH CHECKED IN YOUR PAY ACCOUNT FROM MARCH 1948 THROUGH JUNE 1949, AS YOUR CONTRIBUTION TO FAMILY ALLOWANCE ON ACCOUNT OF YOUR DEPENDENT WIFE, INCIDENT TO YOUR SERVICE AN AN ENLISTED MAN, UNITED STATES ARMY.

THE RECORD SHOWS THAT AN APPLICATION FOR FAMILY ALLOWANCE IN FAVOR OF YOUR WIFE, CAROLINE HOLLOW ADAMS, WAS FILED BY YOU ON SEPTEMBER 25, 1946. THE APPLICATION WAS APPROVED BY THE WAR DEPARTMENT (NOW DEPARTMENT OF THE ARMY) EFFECTIVE OCTOBER 1, 1946, AND PAYMENT OF SUCH ALLOWANCE WAS MADE TO HER FROM THAT DATE TO FEBRUARY 29, 1948, WHEN PAYMENT WAS DISCONTINUED PENDING AN INVESTIGATION AS TO YOUR MARITAL STATUS. ON SEPTEMBER 25, 1953, THERE WAS RECEIVED HERE A CERTIFIED CORRECT COPY OF A JUDGMENT ISSUED AUGUST 4, 1953, IN THE DISTRICT COURT, SECOND JUDICIAL DISTRICT, RAMSEY COUNTY, NORTH DAKOTA, DIVORCING YOU FROM CAROLINE C. ADAMS. INCORPORATED IN AND MADE A PART OF THE JUDGMENT IS A PROPERTY SETTLEMENT AGREEMENT WHICH YOU AND YOUR WIFE, CAROLINE C. ADAMS, ENTERED INTO ON JULY 20, 1953. THE AGREEMENT STATES THAT THE PARTIES HAD BEEN MARRIED SINCE AUGUST 14, 1943. BY SETTLEMENT DATED DECEMBER 31, 1953, OF OUR CLAIMS DIVISION YOU WERE ADVISED THAT UNDER THE PROVISIONS OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, 56 STAT. 381, AS AMENDED BY THE ACT OF OCTOBER 26, 1943, 57 STAT. 577, IT WAS THE DEPENDENT OF THE ENLISTED MAN, AND NOT THE ENLISTED MAN HIMSELF, WHO WAS ENTITLED TO THE FAMILY ALLOWANCE PAYMENTS. YOU WERE FURTHER ADVISED THAT SINCE THERE WAS NO EVIDENCE OF YOUR DIVORCE PRIOR TO YOUR DISCHARGE ON JUNE 23, 1949, FAVORABLE CONSIDERATION COULD NOT BE GIVEN TO YOUR CLAIM.

THERE WAS SUBMITTED WITH THE LETTER OF JANUARY 14, 1956, A CERTIFIED TRUE COPY OF A MARRIAGE LICENSE AND CERTIFICATE OF MARRIAGE ON JUNE 23, 1948, BETWEEN CALVIN JOSEPH YELLOWROBE, AND CAROLINE CECELIA HOWWOW, THE LATTER BEING DESCRIBED AS PREVIOUSLY MARRIED AND DIVORCED. MR. PIEPGRAS URGES THAT SINCE THE FAMILY ALLOWANCE HAS NOT BEEN PAID FOR THE PERIOD MARCH 1948 TO JUNE 1949, YOU ARE ENTITLED TO REFUND OF THE $22 A MONTH CHECK AGE IN YOUR PAY ACCOUNT FOR THOSE MONTHS.

IN THE SETTLEMENT OF DECEMBER 31, 1953, THERE WAS QUOTED SECTION 101 OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, AS AMENDED, WHICH PROVIDED, AMONG OTHER THINGS, THAT THE DEPENDENT OR DEPENDENTS OF ANY ENLISTED MAN IN THE ARMY OF THE UNITED STATES, WOULD BE ENTITLED TO RECEIVE A MONTHLY FAMILY ALLOWANCE FOR ANY PERIOD IN WHICH THE ENLISTED MAN WAS IN THE ACTIVE MILITARY SERVICE OF THE UNITED STATES AFTER JUNE 1, 1942, DURING THE EXISTENCE OF ANY WAR DECLARED BY CONGRESS AND THE SIX MONTHS IMMEDIATELY FOLLOWING THE TERMINATION OF SUCH WAR. SECTION 106 OF THE ACT, AS AMENDED, FURTHER PROVIDED THAT FOR ANY MONTH FOR WHICH THE FAMILY ALLOWANCE WAS PAID IN THE CASE OF A WIFE, THE ENLISTED MAN'S PAY SHOULD BE REDUCED BY, OR CHARGED WITH, THE SUM OF $22. AS YOU WERE ADVISED IN THE SETTLEMENT IT WAS THE DEPENDENT OF THE ENLISTED MAN, AND NOT THE ENLISTED MAN HIMSELF, WHO WAS ENTITLED TO THE FAMILY ALLOWANCE PAYMENTS. WHILE IT APPEARS FROM THE MARRIAGE CERTIFICATE SUBMITTED THAT CAROLINE CECELIA HOLLOW WENT THROUGH A MARRIAGE CEREMONY WITH ANOTHER MAN ON JUNE 23, 1948, NO EVIDENCE HAS BEEN FURNISHED THAT SHE HAD BEEN DIVORCED FROM YOU PRIOR TO THAT DATE. RATHER, IN VIEW OF THE PROVISIONS OF THE DIVORCE DECREE OF AUGUST 4, 1953, IT APPEARS THAT CAROLINE C. ADAMS CONTINUED TO BE YOUR LAWFUL WIFE UNTIL THE DATE OF THAT DECREE. HENCE, THERE IS NO PROPER BASIS, ON THE PRESENT RECORD, TO CONCLUDE THAT SHE IS NOT ENTITLED TO FAMILY ALLOWANCE FOR THE MONTHS OF MARCH 1948 THROUGH JUNE 1949. THEREFORE, REFUND OF THE AMOUNT OF YOUR CONTRIBUTIONS TO THE FAMILY ALLOWANCE FOR THOSE MONTHS IS NOT AUTHORIZED.