B-122704, JUL. 22, 1955

B-122704: Jul 22, 1955

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FIGELSKI: REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 19. YOU CONTEND THAT YOU ARE ENTITLED TO THE DIFFERENCE CLAIMED FOR THE PERIOD MAY 8 THROUGH SEPTEMBER 7. THE PAYMENT OF BASIC ALLOWANCE FOR QUARTERS TO ENLISTED MEN OF THE UNIFORMED SERVICES WITH DEPENDENTS FOR THE PERIOD HERE INVOLVED IS GOVERNED BY SECTION 302 OF THE CAREER COMPENSATION ACT OF 1949. IT IS ALSO PROVIDED IN SECTION 302. THAT PAYMENT OF THE ALLOWANCE TO ENLISTED MEMBERS IN GRADE E-3 SHALL BE MADE ONLY FOR SUCH PERIODS 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 $40 FOR THE SUPPORT OF THE DEPENDENT OR DEPENDENTS ON WHOSE ACCOUNT THE ALLOWANCE IS CLAIMED.

B-122704, JUL. 22, 1955

TO MR. EDWARD J. FIGELSKI:

REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 19, 1954, CONCERNING YOUR CLAIM FOR THE DIFFERENCE BETWEEN BASIC ALLOWANCE FOR QUARTERS WITH TWO DEPENDENTS (WIFE AND ONE CHILD) AND WITH OVER TWO DEPENDENTS (WIFE AND TWO CHILDREN), INCIDENT TO YOUR SERVICE AS A PRIVATE FIRST CLASS (GRADE E-3), UNITED STATES ARMY.

YOU CONTEND THAT YOU ARE ENTITLED TO THE DIFFERENCE CLAIMED FOR THE PERIOD MAY 8 THROUGH SEPTEMBER 7, 1951, THE DATE OF YOUR DISCHARGE, FOR THE REASON THAT YOU AND YOUR WIFE BECAME THE PARENTS OF AN ADDITIONAL CHILD BORN ON MAY 8, 1951.

THE PAYMENT OF BASIC ALLOWANCE FOR QUARTERS TO ENLISTED MEN OF THE UNIFORMED SERVICES WITH DEPENDENTS FOR THE PERIOD HERE INVOLVED IS GOVERNED BY SECTION 302 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 812, AS AMENDED BY THE DEPENDENTS ASSISTANCE ACT OF 1950, 64 STAT. 794. SECTION 302, AS AMENDED BY THAT ACT, PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES IN GRADE E-3 ENTITLED TO RECEIVE BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF DEPENDENTS SHALL BE PAID SUCH ALLOWANCE AT THE RATE OF $67.50 A MONTH IF WITH TWO DEPENDENTS. IT IS ALSO PROVIDED IN SECTION 302, AS AMENDED, THAT PAYMENT OF THE ALLOWANCE TO ENLISTED MEMBERS IN GRADE E-3 SHALL BE MADE ONLY FOR SUCH PERIODS 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 $40 FOR THE SUPPORT OF THE DEPENDENT OR DEPENDENTS ON WHOSE ACCOUNT THE ALLOWANCE IS CLAIMED. IT IS FURTHER PROVIDED THAT ANY DELAY IN INITIATING THE REQUIRED ALLOTMENT SHALL NOT INVALIDATE ENTITLEMENT TO THE ALLOWANCE PROVIDED THE ALLOTMENT IS MADE RETROACTIVE FOR SUCH PERIOD AS THE MEMBER MAY CLAIM THE ALLOWANCE. IF THE SECRETARY CONCERNED FINDS THAT THE DELAY IN INITIATING THE ALLOTMENT WAS CAUSED BY EXIGENCIES OF THE SERVICE HE MAY WAIVE THE ALLOTMENT REQUIREMENT, OR THE ADDITIONAL INCREMENT THERETO, FOR SUCH RETROACTIVE PERIOD.

IT APPEARS FROM AN EXAMINATION OF A PHOTOSTATIC COPY OF YOUR MILITARY PAY RECORD THAT PRIOR TO MAY 1, 1951, YOU WERE CREDITED WITH BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF TWO DEPENDENTS AT THE RATE OF $67.50A MONTH ON THE BASIS OF YOUR CLASS Q ALLOTMENT OF $107.50 A MONTH IN FAVOR OF YOUR DEPENDENTS. FROM MAY 1 TO JUNE 30, 1951, YOU WERE CREDITED WITH THE ALLOWANCE WITH OVER TWO DEPENDENTS AT THE RATE OF $85 A MONTH AND THERE WAS CHARGED AGAINST YOUR ACCOUNT CLASS Q ALLOTMENT DEDUCTIONS AT THE RATE OF $125 A MONTH. YOU WERE AGAIN CREDITED WITH THE ALLOWANCE ON ACCOUNT OF TWO DEPENDENTS AT THE RATE OF $67.50 PER MONTH FROM JULY 1 TO SEPTEMBER 7, 1951, WITH CLASS Q ALLOTMENT DEDUCTIONS OF $107.50 A MONTH. PAYMENTS OF THE ALLOTMENT AT THE RATE OF $107.50 A MONTH WERE MADE FROM NOVEMBER 1, 1950, TO AUGUST 31, 1951. BY SETTLEMENT DATED NOVEMBER 24, 1954, OF OUR CLAIMS DIVISION, YOU WERE ALLOWED THE SUM OF $35 REPRESENTING THE DIFFERENCE BETWEEN CLASS Q ALLOTMENT OF $125 PER MONTH AND $107.50 PER MONTH FOR MAY AND JUNE 1951. THE SETTLEMENT ALSO ALLOWED YOU THE SUM OF $4.09 REPRESENTING THE DIFFERENCE BETWEEN BASIC ALLOWANCE FOR QUARTERS WITH MORE THAN TWO DEPENDENTS AND WITH TWO DEPENDENTS FOR THE PERIOD SEPTEMBER 1 THROUGH 7, 1951. THAT AMOUNT ($4.09) WAS APPLIED TO THE OVERPAYMENT OF THE SAME AMOUNT FOR THE PERIOD MAY 1 THROUGH 7, 1951, DURING WHICH LATTER PERIOD YOU HAD ONLY TWO DEPENDENTS.

THERE NOW HAS BEEN RECEIVED A LETTER DATED MAY 25, 1955, FROM THE DEPARTMENT OF THE ARMY WAIVING, FOR THE PERIOD MAY 8 THROUGH SEPTEMBER 7, 1951, THE REQUIREMENT THAT YOU HAVE IN EFFECT A CLASS Q ALLOTMENT OF $125 A MONTH REPRESENTING THE BASIC ALLOWANCE FOR QUARTERS TO WHICH YOU WERE ENTITLED ($85 A MONTH) PLUS THE SUM OF $40.

SINCE YOU WERE CREDITED WITH BASIC ALLOWANCE FOR QUARTERS AT THE RATE OF $85 A MONTH FROM MAY 8 THROUGH JUNE 30, 1951, AND THE SETTLEMENT OF NOVEMBER 24, 1954, ALLOWED YOU THE SUM OF $4.09 REPRESENTING THE DIFFERENCE BETWEEN BASIC ALLOWANCE FOR QUARTERS WITH MORE THAN TWO DEPENDENTS AND WITH TWO DEPENDENTS FOR THE PERIOD SEPTEMBER 1 TO 7, 1951, NO FURTHER SUMS ARE DUE YOU FOR THOSE PERIODS. SINCE THE ALLOTMENT REQUIREMENTS HAVE NOW BEEN WAIVED BY PROPER AUTHORITY, YOU ARE ENTITLED TO THE ADDITIONAL BASIC ALLOWANCE FOR QUARTERS WITH MORE THAN TWO DEPENDENTS FROM JULY 1 THROUGH AUGUST 31, 1951. ACCORDINGLY, SETTLEMENT WILL ISSUE IN YOUR FAVOR FOR THE DIFFERENCE BETWEEN $85 A MONTH AND $67.50 A MONTH FOR THAT PERIOD.