B-117984, NOV. 27, 1957

B-117984: Nov 27, 1957

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CALHOUN COUNTY (LST 519): REFERENCE IS MADE TO A LETTER DATED AUGUST 30. PAYMENTS WERE MADE TO MRS. WHEN PAYMENTS WERE DISCONTINUED BY REASON OF THE DEBTOR'S DISCHARGE FROM THE NAVAL SERVICE ON MARCH 17. STATING IN SUCH APPLICATION THAT THEY WERE BOTH RESIDING AT THE ABOVE ADDRESS IN JACKSONVILLE. PAYMENTS IN THE AMOUNT OF $80 A MONTH WERE MADE TO MRS. NORGORD FOR HERSELF AND HER STEPCHILD FOR THE MONTH WERE MADE TO MRS. THE FAMILY ALLOWANCE ON BEHALF OF THE STEPCHILD WAS DISCONTINUED AFTER PAYMENT FOR THE MONTH OF MAY 1948. WHEN INFORMATION WAS RECEIVED BY THE DEPARTMENT OF THE NAVY THAT SUCH CHILD HAD RESIDED CONTINUOUSLY IN THE HOUSEHOLD OF HER MATERNAL GRANDPARENTS. DURING THE PERIOD FAMILY ALLOWANCE PAYMENTS WERE MADE ON HER BEHALF.

B-117984, NOV. 27, 1957

TO THE COMMANDING OFFICER, U.S.S. CALHOUN COUNTY (LST 519):

REFERENCE IS MADE TO A LETTER DATED AUGUST 30, 1957, AND ENCLOSURES, FROM THE ACTING COMMANDING OFFICER, U.S.S. CALHOUN COUNTY (LST 519), CONCERNING THE INDEBTEDNESS TO THE UNITED STATES OF OLAF RAYMOND NORGORD, 329 10 68, EM1, USN, IN THE AMOUNT OF $570 ON ACCOUNT OF ERRONEOUS PAYMENTS OF FAMILY ALLOWANCE MADE TO MRS. GRACE NORGORD, JACKSONVILLE, FLORIDA, INCIDENT TO THE NAVAL SERVICE OF MR. NORGORD.

ON NOVEMBER 4, 1946, MR. NORGORD FILED APPLICATION FOR FAMILY ALLOWANCE ON BEHALF OF HIS WIFE, MRS. GRACE NORGORD, AND A STEPCHILD, PATRICIA BUTTS, LISTING THE ADDRESS OF BOTH CLAIMED DEPENDENTS AS 815 E. CHURCH STREET, JACKSONVILLE, FLORIDA. ON THE BASIS OF SUCH APPLICATION, PAYMENTS WERE MADE TO MRS. NORGORD IN THE AMOUNT OF $80 A MONTH ON BEHALF OF HERSELF AND THE STEPCHILD ($50 FOR HERSELF AND $30 FOR THE STEPCHILD) FOR THE MONTHS OF NOVEMBER 1946 THROUGH MARCH 1948, WHEN PAYMENTS WERE DISCONTINUED BY REASON OF THE DEBTOR'S DISCHARGE FROM THE NAVAL SERVICE ON MARCH 17, 1948.

THE DEBTOR REENLISTED ON APRIL 7, 1948, AND AGAIN FILED APPLICATION FOR FAMILY ALLOWANCE ON BEHALF OF THE SAME TWO DEPENDENTS, STATING IN SUCH APPLICATION THAT THEY WERE BOTH RESIDING AT THE ABOVE ADDRESS IN JACKSONVILLE, FLORIDA. PAYMENTS IN THE AMOUNT OF $80 A MONTH WERE MADE TO MRS. NORGORD FOR HERSELF AND HER STEPCHILD FOR THE MONTH WERE MADE TO MRS. NORGORD FOR HERSELF AND THE STEPCHILD FOR THE MONTHS OF APRIL AND MAY 1948 AND IN THE AMOUNT OF $50 A MONTH ON HER OWN BEHALF FOR THE AMOUNTS OF JUNE 1948 THROUGH JANUARY 1949.

THE FAMILY ALLOWANCE ON BEHALF OF THE STEPCHILD WAS DISCONTINUED AFTER PAYMENT FOR THE MONTH OF MAY 1948, WHEN INFORMATION WAS RECEIVED BY THE DEPARTMENT OF THE NAVY THAT SUCH CHILD HAD RESIDED CONTINUOUSLY IN THE HOUSEHOLD OF HER MATERNAL GRANDPARENTS, MR. AND MRS. SHERMAN LEMLEY, BOX NO. 34, LITTLETON, WEST VIRGINIA, DURING THE PERIOD FAMILY ALLOWANCE PAYMENTS WERE MADE ON HER BEHALF. THE FAMILY ALLOWANCE OF MRS. NORGORD WAS DISCONTINUED WITH THE MONTH OF JANUARY 1949, UPON RECEIPT OF NOTICE THAT HER MARRIAGE TO THE DEBTOR HAD BEEN TERMINATED BY A DIVORCE OBTAINED NOVEMBER 23, 1948. THE RESULTING INDEBTEDNESS BY REASON OF ERRONEOUS PAYMENT OF SUCH ALLOWANCES TO HER IN THE SUM OF $100 FOR THE MONTHS OF DECEMBER 1948 AND JANUARY 1949 WAS LIQUIDATED IN AUGUST 1952, THUS BRINGING THE FAMILY ALLOWANCE PAYMENTS MADE ON HER BEHALF INTO BALANCE.

IN THE LETTER OF AUGUST 30, 1957, IT IS INDICATED THAT THE DEBTOR DOES NOT BELIEVE THAT HE SHOULD BE REQUIRED TO PAY THE INDEBTEDNESS ARISING BY REASON OF THE PAYMENTS OF FAMILY ALLOWANCE ON BEHALF OF THE STEPCHILD, SINCE HE WAS ACTUALLY SUPPORTING SUCH CHILD DURING THE PERIOD THE PAYMENTS WERE MADE ON HER BEHALF. HIS CONTENTION AS TO SUCH SUPPORT IS SUBSTANTIATED BY THE LETTER DATED AUGUST 20, 1957, FROM THE LEGAL ASSISTANCE OFFICER, NAVAL AIR BASES COMMAND, SIXTH NAVAL DISTRICT, HEADQUARTERS, NAVAL AIR STATION, JACKSONVILLE 12, FLORIDA, ENCLOSED WITH THE LETTER OF AUGUST 30, 1957.

SECTION 120 (C) (3) OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, 56 STAT. 385, PURSUANT TO WHICH THE FAMILY ALLOWANCE PAYMENTS WERE MADE ON BEHALF OF THE STEPCHILD, HOWEVER, PROVIDED THAT THE TERM "CHILD" AS USED IN THAT ACT INCLUDED A "STEPCHILD, IF A MEMBER OF THE MAN'S HOUSEHOLD.' THUS, UNDER THE EXPRESS TERMS OF THE STATUTE, A STEPCHILD OF AN ENLISTED MAN COULD NOT QUALIFY AS A DEPENDENT UNLESS SUCH CHILD WAS IN FACT A MEMBER OF THE MAN'S HOUSEHOLD. SINCE THE STEPCHILD RESIDED IN THE HOUSEHOLD OF HER MATERNAL GRANDPARENTS DURING THE PERIOD NOVEMBER 1946 THROUGH MAY 1948, SHE WAS NOT A DEPENDENT FOR FAMILY ALLOWANCE PURPOSES AND THE FAMILY ALLOWANCE PAYMENTS MADE ON HER BEHALF, RESULTING DIRECTLY FROM THE DEBTOR'S MISREPRESENTATION AS TO THE RESIDENCE OF THE STEPCHILD IN THE APPLICATION OF NOVEMBER 4, 1946, AND APRIL 7, 1948, RESULTED IN AN ERRONEOUS PAYMENT OF $570 (19 MONTHS AT $30 PER MONTH) FOR WHICH MR. NORGORD IS PRIMARILY RESPONSIBLE.

ACCORDINGLY, IT IS REQUESTED THAT SUCH COLLECTION ACTION BE TAKEN AS IS DEEMED PROPER BY YOU.