B-118048, FEB 18, 1954

B-118048: Feb 18, 1954

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USN: REFERENCE IS MADE TO COMMUNICATION DATED OCTOBER 21. WAS MADE FINAL. PROVIDES THAT THE PAYMENT OF BASIC ALLOWANCE FOR QUARTERS TO ENLISTED MEMBERS WITH DEPENDENTS SHALL BE MADE ONLY FOR SUCH PERIOD AS THE ENLISTED MEMBER HAS IN EFFECT AN ALLOTMENT OF PAY NOT LESS THAN THE SUM OF THE BASIC ALLOWANCE FOR QUARTERS TO WHICH HE IS ENTITLED. FOR THE SUPPORT OF THE DEPENDENT ON WHOSE ACCOUNT THE ALLOWANCE IS CLAIMED. AN ALLOTMENT OF PAY IN AN AMOUNT NOT LESS THAN $147.50 FOR THE SUPPORT OF YOUR FORMER WIFE WAS A NECESSARY PREREQUISITE TO YOUR RIGHT TO BASIC ALLOWANCE FOR QUARTERS ON HER ACCOUNT. PARAGRAPH 54037- 2(B) OF BUREAU OF SUPPLIES AND ACCOUNTS MANUAL IS TO THE SAME EFFECT. IT APPEARS THAT YOUR CLAIM WAS DISALLOWED BY THIS OFFICE BY SETTLEMENT DATED OCTOBER 14.

B-118048, FEB 18, 1954

PRECIS-UNAVAILABLE

KEITH KRETSER, MCC, USN:

REFERENCE IS MADE TO COMMUNICATION DATED OCTOBER 21, 1953, RELATIVE TO YOUR CLAIM FOR BASIC ALLOWANCE FOR QUARTERS FOR A DEPENDENT WIFE FOR THE PERIOD NOVEMBER 1, 1950, TO SEPTEMBER 6, 1951, THE DATE AN INTERLECUTORY DECREE OF DIVORCE FROM YOUR FORMER WIFE, DEULAH E. KRETSER, WAS MADE FINAL, UNDER THE PROVISIONS OF SECTION 302 OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED BY THE DEPENDENTS ASSISTANCE ACT OF 1950, 64 STAT. 794.

SECTION 302(H) OF THE ACT, AS AMENDED, PROVIDES THAT THE PAYMENT OF BASIC ALLOWANCE FOR QUARTERS TO ENLISTED MEMBERS WITH DEPENDENTS SHALL BE MADE ONLY FOR SUCH PERIOD AS THE ENLISTED MEMBER HAS IN EFFECT AN ALLOTMENT OF PAY NOT LESS THAN THE SUM OF THE BASIC ALLOWANCE FOR QUARTERS TO WHICH HE IS ENTITLED, PLUS 880 IN THE CASE OF MEMBERS IN PAY GRADES IN G-6 AND E-7, FOR THE SUPPORT OF THE DEPENDENT ON WHOSE ACCOUNT THE ALLOWANCE IS CLAIMED. HENCE, AN ALLOTMENT OF PAY IN AN AMOUNT NOT LESS THAN $147.50 FOR THE SUPPORT OF YOUR FORMER WIFE WAS A NECESSARY PREREQUISITE TO YOUR RIGHT TO BASIC ALLOWANCE FOR QUARTERS ON HER ACCOUNT. PARAGRAPH 54037- 2(B) OF BUREAU OF SUPPLIES AND ACCOUNTS MANUAL IS TO THE SAME EFFECT.

IT APPEARS THAT YOUR CLAIM WAS DISALLOWED BY THIS OFFICE BY SETTLEMENT DATED OCTOBER 14, 1953, ON THE BASIS OF ADVICE RECEIVED FROM THE FAMILY ALLOWANCE UNIT, BUREAU OF NAVAL PERSONNEL, DEPARTMENT OF THE NAVY, AS FOLLOWS:

"IN THE ABSENCE OF ADEQUATE REASON FOR THE MEMBER NOT HAVING APPLIED FOR BASIC ALLOWANCE FOR QUARTERS AT THE PROPER TIME, AND FOR REASON THAT HE DID NOT HAVE IN EFFECT, DURING ANY OF THE PERIOD CLAIMED, AN ALLOTMENT FOR THE SUPPORT OF THE DEPENDENT IN THE MINIMUM AMOUNT REQUIRED TO SUPPORT OTHERWISE PROPER CREDIT OF BASIC ALLOWANCE FOR QUARTERS CLAIMED ON AND AFTER 1 NOVEMBER 1950, SUBJECT MEMBER IS NOT CONSIDERED TO BE ENTITLED TO CREDIT OF BASIC ALLOWANCE FOR QUARTERS FOR THE PERIOD CLAIMED ***."

SECTIONS 10 AND 11 OF THE DEPENDENTS ASSISTANCE ACT OF 1950, 64 STAT. 796 -797, PROVIDE THAT ALL DETERMINATIONS UNDER THE ACT SHALL BE MADE BY THE SECRETARY CONCERNED OR SUCH OTHER PERSON OR PERSONS AS HE MAY DESIGNATE AND THAT SUCH DETERMINATIONS SHALL BE FINAL AND CONCLUSIVE FOR ALL PURPOSES AND NOT SUBJECT TO REVIEW BY ANY ACCOUNTING OFFICER OF THE GOVERNMENT, EXCEPT FOR CASES INVOLVING FRAUD OR GROSS NEGLIGENCE. ON THE RECORD IN THIS CASE AS REPORTED BY THE DEPARTMENT OF THE NAVY YOU ARE NOT ENTITLED TO BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF YOUR FORMER WIFE FOR THE PERIOD CLAIMED AND THE DISALLOWANCE OF YOUR CLAIM MUST BE SUSTAINED.