B-114660, DEC. 15, 1955

B-114660: Dec 15, 1955

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CAIN: REFERENCE IS MADE TO YOUR LETTER DATED JULY 27. YOU SAY THAT YOUR "WIFE'S ALLOTMENT CHECK FOR $55.00 PER MONTH WAS CANCELLED" WHILE YOU WERE OVERSEAS DURING THE LAST 11 MONTHS OF YOUR SERVICE. YOUR PAY RECORDS SHOW THAT DEDUCTIONS WERE MADE FROM YOUR PAY IN THE AMOUNT OF $27 A MONTH FOR CLASS A AND CLASS B FAMILY ALLOWANCE. THESE WERE FOR A CLASS A FAMILY ALLOWANCE FOR YOUR WIFE AND A CLASS B FAMILY ALLOWANCE FOR A PARENT. CLASS A FAMILY ALLOWANCES FOR A WIFE WERE AUTHORIZED TO BE PAID AT THE RATE OF $50 A MONTH. CLASS B FAMILY ALLOWANCES FOR A PARENT SUBSTANTIALLY DEPENDENT (NOT DEPENDENT FOR CHIEF SUPPORT) WERE AUTHORIZED TO BE PAID AT THE RATE OF $37 A MONTH. IT WILL BE SEEN THAT $50 FAMILY ALLOWANCE PAYMENTS WERE PROPER FOR A WIFE.

B-114660, DEC. 15, 1955

TO MR. ORVILLE J. CAIN:

REFERENCE IS MADE TO YOUR LETTER DATED JULY 27, 1955, FURTHER CONCERNING YOUR CLAIM FOR ADDITIONAL AMOUNTS BELIEVED TO BE DUE YOU INCIDENT TO YOUR SERVICE AS AN ENLISTED MAN IN THE UNITED STATES MARINE CORPS DURING THE PERIOD FROM AUGUST 1, 1941, TO JUNE 22, 1948. YOU SAY THAT YOUR "WIFE'S ALLOTMENT CHECK FOR $55.00 PER MONTH WAS CANCELLED" WHILE YOU WERE OVERSEAS DURING THE LAST 11 MONTHS OF YOUR SERVICE--- APPARENTLY, THE PERIOD BEGINNING AUGUST 1947 AND CONTINUING THROUGH JUNE 1948.

WITH REGARD TO FAMILY ALLOWANCE PAYMENTS AND ALLOTMENTS PAID ON YOUR BEHALF DURING THAT PERIOD, YOUR PAY RECORDS SHOW THAT DEDUCTIONS WERE MADE FROM YOUR PAY IN THE AMOUNT OF $27 A MONTH FOR CLASS A AND CLASS B FAMILY ALLOWANCE. APPARENTLY, THESE WERE FOR A CLASS A FAMILY ALLOWANCE FOR YOUR WIFE AND A CLASS B FAMILY ALLOWANCE FOR A PARENT. CLASS A FAMILY ALLOWANCES FOR A WIFE WERE AUTHORIZED TO BE PAID AT THE RATE OF $50 A MONTH. CLASS B FAMILY ALLOWANCES FOR A PARENT SUBSTANTIALLY DEPENDENT (NOT DEPENDENT FOR CHIEF SUPPORT) WERE AUTHORIZED TO BE PAID AT THE RATE OF $37 A MONTH.

WHILE YOU REFER TO YOUR WIFE'S "ALLOTMENT" AS BEING $55 A MONTH, IT WILL BE SEEN THAT $50 FAMILY ALLOWANCE PAYMENTS WERE PROPER FOR A WIFE. YOU HAVE NOT FURNISHED US SUFFICIENT INFORMATION TO IDENTIFY THE ITEM TO WHICH YOU REFER, BUT NO RECORD HAS BEEN FOUND TO SHOW THAT ALLOTMENT PAYMENTS WERE AUTHORIZED TO BE MADE TO YOUR WIFE IN THE AMOUNT OF $55 A MONTH, OR THAT ANY PAYMENTS IN THAT AMOUNT WERE MADE TO HER DURING ANY PERIOD OF YOUR SERVICE.

INFORMATION ON FILE HERE, HOWEVER, INDICATES THAT FAMILY ALLOWANCE PAYMENTS OF $50 A MONTH WERE AUTHORIZED TO BE MADE TO YOUR WIFE, BERNICE R. CAIN, DURING THE PERIOD OF 11 MONTHS TO WHICH YOU REFER. THERE IS NO RECORD THAT ANY OF THOSE ALLOTMENT CHECKS WERE CANCELLED. ON THE CONTRARY, IT APPEARS THAT CHECKS FOR FAMILY ALLOWANCE PAYMENTS OF $50 EACH MONTH WERE ISSUED TO HER DURING THE LAST 11 MONTHS OF YOUR SERVICE, AND THE RECORDS INDICATE THAT SUCH CHECKS HAVE BEEN PAID.

ANY CHECKS ISSUED DURING THE PERIOD FROM AUGUST 1947 THROUGH JUNE 1948 WERE MORE THAN SIX YEARS OLD WHEN YOUR LETTER OF JULY 27, 1955, WAS RECEIVED. THE ACT OF JUNE 22, 1926, 44 STAT. 761, 31 U.S.C. 122, BARS CONSIDERATION OF CLAIMS ON ACCOUNT OF CHECKS APPEARING TO HAVE BEEN PAID, IF NOT PRESENTED HERE WITHIN SIX YEARS AFTER THE DATE OF ISSUANCE.

WITH REGARD TO THE OTHER ITEMS MENTIONED IN YOUR LETTER, OUR RECORDS SHOW THAT THE MERITS OF YOUR CLAIM AND THE LEGAL PRINCIPLES APPLICABLE WERE FULLY CONSIDERED IN OUR DECISION OF JULY 28, 1953, B 114660. YOUR PRESENT LETTER AFFORDS NO BASIS FOR ANY MODIFICATION OF THE CONCLUSIONS REACHED IN THAT DECISION.