B-122840, JUN. 21, 1955

B-122840: Jun 21, 1955

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ZINN: REFERENCE IS MADE TO YOUR LETTER OF MAY 19. SHOULD BE SUFFICIENT TO ESTABLISH THAT YOU ARE ENTITLED TO THE ADDITIONAL ALLOWANCE CLAIMED. AN ADJUSTMENT FAMILY ALLOWANCE PAYMENT OF $88.32 WAS MADE TO YOUR WIFE TO COVER THE DIFFERENCE BETWEEN THE FAMILY ALLOWANCE SHE ACTUALLY RECEIVED AND THE FAMILY ALLOWANCE SHE WAS ENTITLED TO RECEIVE BECAUSE OF THE ACTION TAKEN ON MARCH 10. WAS ADVISED THAT THERE IS NO LEGAL BASIS FOR US TO GIVE FAVORABLE CONSIDERATION TO YOUR CLAIM. CURTIS WAS ADVISED THAT THIS SECTION IS THE ONLY AUTHORITY TO INITIATE PAYMENT OF FAMILY ALLOWANCE BASED UPON APPLICATIONS FILED BUT NOT FINALLY ACTED UPON PRIOR TO OCTOBER 1. APPARENTLY YOU HAVE RECEIVED A COPY OF THAT LETTER.

B-122840, JUN. 21, 1955

TO MR. ERNEST B. ZINN:

REFERENCE IS MADE TO YOUR LETTER OF MAY 19, 1955, WITH ENCLOSURE, REGARDING YOUR CLAIM FOR FAMILY ALLOWANCE IN BEHALF OF TWO CHILDREN, ERNEST B. AND NELSON E. ZINN, INCIDENT TO YOUR SERVICE IN THE ARMY FROM OCTOBER 19, 1948, TO FEBRUARY 1, 1950.

YOU STATE THAT THE FACT YOUR WIFE RECEIVED MONTHLY FAMILY ALLOWANCE OF $90 ($95) FOR HERSELF AND THE TWO CHILDREN BORN OF YOUR SECOND MARRIAGE, RATHER THAN $100 A MONTH, SHOULD BE SUFFICIENT TO ESTABLISH THAT YOU ARE ENTITLED TO THE ADDITIONAL ALLOWANCE CLAIMED. THE DEPARTMENT OF THE ARMY HAS REPORTED THAT ON APRIL 12, 1950, AN ADJUSTMENT FAMILY ALLOWANCE PAYMENT OF $88.32 WAS MADE TO YOUR WIFE TO COVER THE DIFFERENCE BETWEEN THE FAMILY ALLOWANCE SHE ACTUALLY RECEIVED AND THE FAMILY ALLOWANCE SHE WAS ENTITLED TO RECEIVE BECAUSE OF THE ACTION TAKEN ON MARCH 10, 1950, IN DISAPPROVING THE APPLICATION FOR FAMILY ALLOWANCE FOR THE TWO CHILDREN BORN OF YOUR PRIOR MARRIAGE. BY OUR LETTER OF MAY 13, 1955, THE HONORABLE THOMAS B. CURTIS, HOUSE OF REPRESENTATIVES, WAS ADVISED THAT THERE IS NO LEGAL BASIS FOR US TO GIVE FAVORABLE CONSIDERATION TO YOUR CLAIM, IN THE ABSENCE OF AN APPROPRIATE DETERMINATION AND RECOMMENDATION BY THE DEPARTMENT OF THE ARMY AS CONTEMPLATED BY SECTION 13 OF THE DEPENDENTS ASSISTANCE ACT OF 1950, 64 STAT. 797. MR. CURTIS WAS ADVISED THAT THIS SECTION IS THE ONLY AUTHORITY TO INITIATE PAYMENT OF FAMILY ALLOWANCE BASED UPON APPLICATIONS FILED BUT NOT FINALLY ACTED UPON PRIOR TO OCTOBER 1, 1949, THE DATE OF THE REPEAL OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT. APPARENTLY YOU HAVE RECEIVED A COPY OF THAT LETTER. YOUR PRESENT LETTER FURNISHES NO MATERIAL INFORMATION OR EVIDENCE WHICH HAS NOT BEEN FULLY CONSIDERED AND, ACCORDINGLY, AFFORDS NO BASIS FOR CHANGING THE CONCLUSION PREVIOUSLY REACHED IN THE MATTER.