B-118147, APR 12, 1954

B-118147: Apr 12, 1954

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THAT HE DIRECTED HIS WIFE'S CLASS Q ALLOTMENT CHECKS BE MAILED TO AN ADDRESS AT WHICH SHE WAS NOT RESIDING. WHERE HE WAS LIVING WITH ONE KATHERINE LAFLIN. THE ALLOTMENT CHECKS WERE MAILED TO HER ON AUTHORITY RECEIVED FROM THE BUREAU OF NAVAL PERSONNEL. ON THESE FACTS IT SEEMS CLEAR THAT UNTIL THE NAVY BEGAN SENDING THE CHECKS TO THE WIFE'S PROPER ADDRESS THE ENLISTED MAN DID NOT HAVE AN ALLOTMENT IN EFFECT FOR HER SUPPORT. IT FOLLOWS THAT HE WAS NOT ENTITLED TO THE QUARTERS ALLOWANCE PAID HIM FOR THAT PERIOD AND IS INDEBTED TO THE UNITED STATES FOR THE AMOUNT OF SUCH PAYMENTS. THE ALLOTMENT CHECKS WERE MAILED TO THE ADDRESS DESIGNATED BY THE MEMBER AND APPEAR TO HAVE BEEN RECEIVED BY THE PERSON HE INTENDED TO RECEIVE THEM UNTIL HER DEATH.

B-118147, APR 12, 1954

PRECIS-UNAVAILABLE

MR. N. GRAUEL, NAVY ACCOUNTS DISBURSING OFFICE:

THE JUDGE ADVOCATE GENERAL OF THE NAVY, BY DIRECTION OF THE SECRETARY OF THE NAVY, HAS FORWARDED TO THIS OFFICE YOUR LETTER OF NOVEMBER 25, 1953, RESPECTING THE INDEBTEDNESS TO THE UNITED STATES OF CHARLES C. L. BROUGHAM, CHIEF PERSONNEL MAN (RECRUITER), UNITED STATES NAVAL RESERVE, BY REASON OF HIS APPLICATION FOR BASIC ALLOWANCE FOR QUARTERS FOR A DEPENDENT WIFE CONTAINING AN ADMITTEDLY FALSE AND FRAUDULENT MATERIAL STATEMENT.

IT APPEARS THAT UPON RECALL TO ACTIVE DUTY ON SEPTEMBER 29, 1950, THE ENLISTED MAN FILED APPLICATION FOR BASIC ALLOWANCE FOR QUARTERS FOR A DEPENDENT WIFE, EDITH V. BROUGHAM; THAT HE DIRECTED HIS WIFE'S CLASS Q ALLOTMENT CHECKS BE MAILED TO AN ADDRESS AT WHICH SHE WAS NOT RESIDING, BUT WHERE HE WAS LIVING WITH ONE KATHERINE LAFLIN; THAT FROM NOVEMBER 1950 UNTIL THE TIME OF HER DEATH IN 1951 OR 1952 THE SAID KATHERINE LAFLIN NEGOTIATED THE ALLOTMENT CHECKS INTENDED BY THE NAVY FOR THE MEMBER'S LAWFUL WIFE; THAT THEREAFTER, UNTIL APPROXIMATELY MARCH 1953, THE ENLISTED MEMBER RECEIVED AND NEGOTIATED THE ALLOTMENT CHECKS DRAWN TO THE ORDER OF HIS WIFE; AND THAT THEN, THE NAVY HAVING OBTAINED THE PROPER ADDRESS OF THE MEMBER'S WIFE, THE ALLOTMENT CHECKS WERE MAILED TO HER ON AUTHORITY RECEIVED FROM THE BUREAU OF NAVAL PERSONNEL.

ON THESE FACTS IT SEEMS CLEAR THAT UNTIL THE NAVY BEGAN SENDING THE CHECKS TO THE WIFE'S PROPER ADDRESS THE ENLISTED MAN DID NOT HAVE AN ALLOTMENT IN EFFECT FOR HER SUPPORT, AS REQUIRED BY SECTION 4(H) OF THE DEPENDENTS ASSISTANCE ACT OF 1950, 64 STAT. 795, AS A CONDITION TO PAYMENT OF A BASIC ALLOWANCE FOR QUARTERS FOR A DEPENDENT WIFE. IT FOLLOWS THAT HE WAS NOT ENTITLED TO THE QUARTERS ALLOWANCE PAID HIM FOR THAT PERIOD AND IS INDEBTED TO THE UNITED STATES FOR THE AMOUNT OF SUCH PAYMENTS.

THE ALLOTMENT CHECKS WERE MAILED TO THE ADDRESS DESIGNATED BY THE MEMBER AND APPEAR TO HAVE BEEN RECEIVED BY THE PERSON HE INTENDED TO RECEIVE THEM UNTIL HER DEATH, AFTER WHICH THEY WERE RECEIVED AND NEGOTIATED BY HIM. UNDER THESE CIRCUMSTANCES, SUCH ALLOTMENT PAYMENTS ARE CLEARLY CHARGEABLE AGAINST HIS PAY IRRESPECTIVE OF THE FACT THAT NO QUARTERS ALLOWANCE WAS PAYABLE FOR THAT PERIOD.

SINCE THE SECRETARY OF THE NAVY, OR HIS DESIGNEE, IS AUTHORIZED BY SECTION 6 OF THE DEPENDENTS ASSISTANCE ACT OF 1950, 64 STAT. 796, TO DIRECT PAYMENT OF BASIC ALLOWANCE FOR QUARTERS FOR DEPENDENTS AND ESTABLISH NECESSARY ALLOTMENTS WITHOUT THE CONSENT OF THE MEMBER CONCERNED, NOTHING STATED HEREIN SHOULD BE CONSIDERED AS AFFECTING THE CREDIT OF THE SAID ALLOWANCE IN THE MEMBER'S PAY ACCOUNT FOR THE PERIOD CLASS Q ALLOTMENT PAYMENTS WERE DIRECTED TO BE MAILED TO THE MEMBER'S LAWFUL WIFE AT HER CORRECT ADDRESS. APPROPRIATE CHARGES SHOULD BE MADE IN HIS PAY ACCOUNT, OF COURSE, TO COVER SUCH ALLOTMENT PAYMENTS.