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B-149153, JUL. 18, 1962

B-149153 Jul 18, 1962
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UNITED STATES COAST GUARD: REFERENCE IS MADE TO YOUR LETTER OF JUNE 7. WHO HAVE NOT YET BEEN ADOPTED BY THE MEMBER. YOU SAY THAT THE CLAIM IS SOMEWHAT DOUBTFUL BECAUSE THE ADOPTION AGREEMENT PROVIDES FOR A ONE-YEAR INTERIM BEFORE FINAL LEGAL ADOPTION. THAT IS. JOHNSON ARE THE LEGALLY ADOPTED CHILDREN OF THE ENLISTED MAN AND SINCE THE DETERMINATIONS OF THE SECRETARY OF THE TREASURY OR HIS DELEGATE ON SUCH MATTERS ARISING UNDER U.S. COAST GUARD ACTIVITIES ARE FINAL AND CONCLUSIVE. THIS OFFICE IS PRECLUDED FROM MAKING ANY DETERMINATION OF THE ENTITLEMENT OF THE ENLISTED MEMBER TO INCREASED BASIC ALLOWANCE FOR QUARTERS. THE VOUCHER AND OTHER SUBMITTED PAPERS ARE RETURNED.

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B-149153, JUL. 18, 1962

TO MR. T. C. CRABE, AUTHORIZED CERTIFYING OFFICER, HEADQUARTERS, UNITED STATES COAST GUARD:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 7, 1962 (FP-2), WITH ENCLOSURES, ADDRESSED TO THE DIRECTOR OF OUR CLAIMS DIVISION, REQUESTING THAT A DETERMINATION OF ENTITLEMENT BE MADE ON THE CLAIM OF YNC ALGIRDAS W. SEBESTINAS, 317-160, U.S. COAST GUARD, FOR INCREASED BASIC ALLOWANCE FOR QUARTERS FOR THE PERIOD APRIL 18 TO MAY 31, 1962, IN THE AMOUNT OF $28.38, ON ACCOUNT OF TWO MINOR CHILDREN, FRANKLIN A. JOHNSON AND PATRICIA A. JOHNSON, WHO HAVE NOT YET BEEN ADOPTED BY THE MEMBER.

IT APPEARS FROM THE PAPERS SUBMITTED WITH THE CLAIM THAT THE ENLISTED MAN ENTERED INTO AN ,ADOPTIVE PLACEMENT AGREEMENT" ON APRIL 18, 1962, WITH THE BUREAU OF CATHOLIC CHARITIES, RICHMOND, VIRGINIA, FOR THE ADOPTION OF THE TWO MINOR CHILDREN AND THAT ON THE BASIS OF SUCH AGREEMENT HE MADE APPLICATION ON APRIL 20, 1962, FOR THE INCREASED QUARTERS ALLOWANCE. YOU SAY THAT THE CLAIM IS SOMEWHAT DOUBTFUL BECAUSE THE ADOPTION AGREEMENT PROVIDES FOR A ONE-YEAR INTERIM BEFORE FINAL LEGAL ADOPTION.

SECTION 10 OF THE DEPENDENTS ASSISTANCE ACT OF 1950, 64 STAT. 796, 50 U.S.C. 2210, PROVIDES THAT ALL DETERMINATIONS, INCLUDING DETERMINATIONS OF DEPENDENCY AND RELATIONSHIP, INCIDENT TO PAYMENT OF THE ALLOWANCE HERE INVOLVED, SHALL BE MADE BY THE SECRETARY OF THE DEPARTMENT CONCERNED OR SUCH OTHER PERSON OR PERSONS AS HE MAY DESIGNATE, AND SECTION 11 OF THAT ACT, 50 U.S.C. 2211, PROVIDES THAT ANY DETERMINATIONS OR WAIVERS MADE THEREUNDER SHALL BE FINAL AND CONCLUSIVE FOR ALL PURPOSES AND SHALL NOT BE SUBJECT TO REVIEW IN ANY COURT OR BY ANY ACCOUNTING OFFICER OF THE GOVERNMENT EXCEPT FOR CASES INVOLVING FRAUD OR GROSS NEGLIGENCE. SINCE THE MATTER PRESENTED INVOLVES A DETERMINATION OF "RELATIONSHIP" UNDER THAT STATUTE, THAT IS, WHETHER FRANKLIN A. JOHNSON AND PATRICIA A. JOHNSON ARE THE LEGALLY ADOPTED CHILDREN OF THE ENLISTED MAN AND SINCE THE DETERMINATIONS OF THE SECRETARY OF THE TREASURY OR HIS DELEGATE ON SUCH MATTERS ARISING UNDER U.S. COAST GUARD ACTIVITIES ARE FINAL AND CONCLUSIVE, THIS OFFICE IS PRECLUDED FROM MAKING ANY DETERMINATION OF THE ENTITLEMENT OF THE ENLISTED MEMBER TO INCREASED BASIC ALLOWANCE FOR QUARTERS. ACCORDINGLY, THE VOUCHER AND OTHER SUBMITTED PAPERS ARE RETURNED.

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