B-155593, DEC. 1, 1964

B-155593, DEC. 1, 1964

TO MR. CLINTON COZORT:

BY LETTER DATED NOVEMBER 2, 1964, YOU WROTE TO OUR OFFICE REQUESTING PAYMENT OF $100. YOUR CLAIM IS OCCASIONED BY FAMILY ALLOWANCE PAYMENTS WHICH YOU FEEL ARE DUE YOUR WIFE, WILLIE MAE COZORT, INCIDENT TO YOUR SERVICE IN THE UNITED STATES ARMY. SPECIFICALLY, YOU MAKE CLAIM FOR THE PROCEEDS OF TWO CHECKS FOR FAMILY ALLOWANCE IN THE AMOUNT OF $50 EACH FOR THE MONTHS OF SEPTEMBER AND OCTOBER 1945.

THE TREASURY DEPARTMENT ADVISED US THAT THESE TWO CHECKS WERE DULY CASHED, PAYMENT HAS BEEN MADE, AND THE CANCELLED CHECKS HAVE BEEN DESTROYED PURSUANT TO LAW. THIS WAS EXPLAINED TO YOU IN A LETTER FROM OUR OFFICE DATED OCTOBER 28, 1964. IN THAT LETTER WE ALSO ADVISED YOU THAT THE MISTAKE IN FAMILY ALLOWANCE PAYMENTS RELATED TO CHECKS ISSUED FOR THE MONTHS OF NOVEMBER AND DECEMBER 1945, AND JANUARY AND FEBRUARY 1946, RATHER THAN FOR CHECKS ISSUED FOR SEPTEMBER AND OCTOBER 1945.

IN ORDER FOR OUR OFFICE TO FULLY EXPLAIN THE MATTER TO YOU, WE WILL SUMMARIZE HERE THE FACTS OF RECORD.

PRIOR TO YOUR DISCHARGE FROM THE ARMY ON OCTOBER 8, 1945, FAMILY ALLOWANCE WAS GRANTED TO YOUR WIFE EFFECTIVE SEPTEMBER 1, 1945. CHECKS, IN THE AMOUNT OF $50 EACH, WERE ISSUED TO YOUR WIFE FOR THE MONTHS OF SEPTEMBER, OCTOBER, NOVEMBER AND DECEMBER 1945, AND JANUARY FEBRUARY 1946. INASMUCH AS YOU WERE DISCHARGED ON OCTOBER 8, 1945, NO FAMILY ALLOWANCE PAYMENTS WERE DUE FOR MONTHS AFTER OCTOBER 1945, AND, AS A RESULT, THE CHECKS FOR NOVEMBER AND DECEMBER 1945, AND JANUARY AND FEBRUARY 1946, CONSTITUTED OVERPAYMENTS AND SHOULD NOT HAVE BEEN ISSUED.

AS STATED, THE CHECKS FOR SEPTEMBER AND OCTOBER 1945--- REPRESENTING THE ONLY MONTHS DURING WHICH FAMILY ALLOWANCE PAYMENTS WERE PROPER--- WERE DULY CASHED, PRESUMABLY BY YOUR WIFE, AND HAVE BEEN DESTROYED PURSUANT TO LAW. THE CHECKS FOR JANUARY AND FEBRUARY 1946 WERE RETURNED UNCASHED AND, WHILE THE NOVEMBER AND DECEMBER 1945 CHECKS WERE CASHED, YOU SUBSEQUENTLY PAID BACK THE UNITED STATES THE FULL AMOUNT OF THOSE CHECKS.

IN SUMMARY, A TOTAL OF SIX CHECKS AT $50 EACH, TOTALING $300, WERE ISSUED TO YOUR WIFE. OF THE CHECKS ISSUED, ONLY THOSE FOR THE MONTHS OF SEPTEMBER AND OCTOBER 1945 WERE PROPERLY PAYABLE AND THEY WERE CASHED. THE OTHER FOUR CHECKS, TOTALING $200, WERE ERRONEOUSLY ISSUED AS THEY WERE OVERPAYMENTS. TWO OF THOSE ERRONEOUSLY ISSUED CHECKS (JANUARY-FEBRUARY 1946) WERE RETURNED UNCASHED AND YOU HAVE PAID BACK THE AMOUNT DUE ON THE TWO ERRONEOUSLY ISSUED CHECKS (NOVEMBER-DECEMBER 1945) THAT WERE CASHED.

WE TRUST THAT THE FOREGOING ADEQUATELY EXPLAINS WHY WE MUST DENY YOUR CLAIM OF $100 FOR ADDITIONAL FAMILY ALLOWANCE ALLEGED TO BE DUE YOUR WIFE INCIDENT TO YOUR SERVICE IN THE UNITED STATES ARMY.