B-122886, JUN. 28, 1955

B-122886, JUN. 28, 1955

TO MR. RICHARD LEHR:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 4, 1954, REQUESTING REVIEW OF SETTLEMENT DATED SEPTEMBER 8, 1954, ALLOWING YOU THE AMOUNT OF $215 AS REFUND OF OVERDEDUCTION OF CLASS Q ALLOTMENT AT $107.50 A MONTH FOR THE PERIOD FROM MAY 1 TO JUNE 30, 1951. WE APPLIED $212.30 OF THE AMOUNT ALLOWED IN LIQUIDATION OF YOUR REPORTED INDEBTEDNESS ON ACCOUNT OF DUPLICATE CREDIT OF BASIC ALLOWANCE FOR QUARTERS FROM JANUARY 1 TO JUNE 30, 1951 ($405 LESS $192.70 COLLECTED FROM YOUR COMBAT PAY). YOU WERE PAID THE NET AMOUNT OF $2.70 UNDER THE SETTLEMENT. ALSO, THERE HAS BEEN RECEIVED BY REFERENCE FROM HONORABLE HERBERT H. LEHMAN, UNITED STATES SENATE, YOUR LETTER OF FEBRUARY 14, 1955, CONCERNING THE SAME MATTER.

YOU ASK THAT A COMPLETE STATEMENT OF YOUR PAY ACCOUNT FROM OCTOBER 2, 1950, TO AUGUST 15, 1952, BE FURNISHED AND THAT THE DUPLICATE CREDIT OF BASIC ALLOWANCE FOR QUARTERS AND THE OVERDEDUCTION OF CLASS Q ALLOTMENT BE CORRELATED TO THE ACTUAL MONTHLY PAY WHICH YOU RECEIVED WHILE IN THE ARMY. YOU SAY THAT YOU HAVE REVIEWED YOUR "PERSONAL PAY RECORD AND FIND NO ERRORS IN IT.'

THE FACTS CONCERNING YOUR ENTITLEMENT TO BASIC ALLOWANCE FOR QUARTERS ARE SET FORTH IN TWO REPORTS FROM THE DEPARTMENT OF THE ARMY, DATED NOVEMBER 19, 1954, AND MAY 10, 1955, WHICH SHOW THAT YOU AUTHORIZED A CLASS Q ALLOTMENT OF $107.50 A MONTH EFFECTIVE NOVEMBER 1, 1950, IN BEHALF OF YOUR MOTHER AND FATHER, MR. AND MRS. HENRY LEHR, 888 FOX STREET, NEW YORK, NEW YORK, AND THAT, BASED ON A TENTATIVE DETERMINATION OF YOUR PARENTS' DEPENDENCY, CLASS Q ALLOTMENT PAYMENTS OF $107.50 A MONTH WERE MADE FOR THE PERIOD FROM NOVEMBER 1, 1950, THROUGH APRIL 30, 1951. ON THE BASIS OF A DETERMINATION OF THE FINANCE CENTER, U.S. ARMY, THAT THE EVIDENCE SUBMITTED DID NOT ESTABLISH THE DEPENDENCY OF YOUR PARENTS TO THE EXTENT REQUIRED BY THE DEPENDENTS ASSISTANCE ACT OF 1950, THE CLASS Q ALLOTMENT WAS DISCONTINUED EFFECTIVE APRIL 30, 1951. ON THE BASIS OF ADDITIONAL EVIDENCE RECEIVED THE CLAIM FOR QUARTERS ALLOWANCE BASED ON THE ALLOTMENT WAS RECONSIDERED AND APPROVED RETROACTIVE TO MAY 1, 1951. AN ALLOTMENT ADJUSTMENT CHECK IN THE AMOUNT OF $405, EQUAL TO THE BASIC ALLOWANCE FOR QUARTERS AT THE RATE OF $67.50 A MONTH FOR THE PERIOD FROM MAY 1, 1951, THROUGH OCTOBER 31, 1951, WAS MAILED TO YOUR MOTHER ON NOVEMBER 9, 1951. SUBSEQUENT ALLOTMENT PAYMENTS WERE MADE TO HER AT THE RATE OF $107.50 A MONTH FOR THE PERIOD FROM NOVEMBER 1, 1951, THROUGH FEBRUARY 28, 1952, AND AT THE RATE OF $127.50 FOR THE PERIOD FROM MARCH 1, 1952, THROUGH JULY 31, 1952, WHEN THE ALLOTMENT WAS DISCONTINUED DUE TO YOUR RELEASE FROM MILITARY SERVICE.

A CONSOLIDATED STATEMENT OF YOUR PAY ACCOUNT, SHOWING ALL AMOUNTS ACCRUING TO YOU FOR THE PERIOD FROM OCTOBER 2, 1950, TO AUGUST 15, 1952, ALL AMOUNTS PROPERLY CHARGEABLE AGAINST YOUR PAY FOR THAT PERIOD, AND THE ADJUSTMENTS MADE AFTER YOUR RELEASE FROM ACTIVE DUTY, IS AS FOLLOWS:

TABLE

CREDITS BASIC PAY AS A RECRUIT, OCTOBER 2, 1950,

TO FEBRUARY 1, 1951, AT

$75 A MONTH $ 300.00 BASIC PAY AS A PRIVATE (PAY GRADE E-2),

FEBRUARY 2 TO MAY 2, 1951, AT

$82.50 A MONTH 250.25 BASIC PAY AS A PRIVATE (PAY GRADE E-1),

MAY 3 TO 16, 1951, AT $80 A MONTH 37.33 BASIC PAY AS A PRIVATE (PAY GRADE E-2),

MAY 17 TO NOVEMBER 3, 1951, AT

$82.50 A MONTH 459.25 FOREIGN SERVICE PAY, JULY 1 TO NOVEMBER 3,

1951, AT $8 A MONTH 32.80 BASIC PAY AS A PRIVATE, FIRST CLASS,

NOVEMBER 4, 1951, TO FEBRUARY 16, 1952,

AT $95.55 A MONTH 328.06 FOREIGN SERVICE PAY, NOVEMBER 4, 1951,

TO FEBRUARY 16, 1952, AT $9 A MONTH 30.90 BASIC PAY AS A CORPORAL, FEBRUARY 17 TO

APRIL 30, 1952, AT $117.60 A MONTH 290.08 FOREIGN SERVICE PAY, FEBRUARY 17 TO

APRIL 11, 1952, AT $13 A MONTH 23.84 BASIC PAY AS A CORPORAL, MAY 1 TO

AUGUST 15, 1952, AT $122.30 A MONTH 428.05 CLOTHING ALLOWANCE: OCTOBER 2, 1950, TO FEBRUARY 28, 1951, AT $4.20 A MONTH $20.86

MARCH 1 TO 17, 1951, AT $5.10 A MONTH 2.89

APRIL 12 TO JUNE 30, 1952, AT $5.10

A MONTH 13.43

JULY 1 TO AUGUST 15, 1952, AT $4.20

A MONTH 6.30

------ 43.48 BASIC ALLOWANCE FOR SUBSISTENCE

(LEAVE): DECEMBER 29, 1950, TO

JANUARY 2, 1951, AT $1.05 A DAY $ 5.25

MARCH 21 TO APRIL 1, 1951, AT $1.05

A DAY 12.60 17.85

------ BASIC ALLOWANCE FOR QUARTERS:

OCTOBER 2, 1950, TO APRIL 30, 1952, AT

$67.50 A MONTH $1,280.25

MAY 1 TO AUGUST 15, 1952, AT $77.10

A MONTH 269.85 $1,550.10

--------- PAY FOR 10 DAYS OF UNUSED ACCRUED

LEAVE AT $122.30 A MONTH 40.77 SUBSISTENCE ALLOWANCE FOR 10 DAYS OF

UNUSED ACCRUED LEAVE AT $0.70 A DAY 7.00 TRAVEL ALLOWANCE FROM CAMP ROBERTS,

CALIFORNIA, TO NEW YORK, NEW YORK

(3,359 MILES AT $0.06 A MILE) 201.54 MUSTERING-OUT-PAY

300.00 COMBAT PAY FROM JUNE 1951 THROUGH

DECEMBER 1951, AT $45 A MONTH 315.00 $4,656.30

CHARGES CLASS N ALLOTMENT (INCLUDING ADVANCE

PAYMENT) OCTOBER 1950 THROUGH SEPTEMBER

1951 AT $6.70 A MONTH $ 87.10 CLASS E ALLOTMENT NOVEMBER 1950 TO

FEBRUARY 1951 AT $20 A MONTH 80.00 CLASS B ALLOTMENT NOVEMBER 1950 TO

JANUARY 1951 AT $18.75 A MONTH 56.25 CLASS Q ALLOTMENT PAYMENTS: NOVEMBER

1950 TO APRIL 1951 AT $107.50 A MONTH $645.000

MAY TO OCTOBER 1951 AT $67.50 A MONTH 405.00

NOVEMBER 1951 TO FEBRUARY 1952 AT

$107.50 A MONTH 430.00

MARCH TO JULY 1952 AT $127.50 A MONTH 637.50 2,117.50

------ WITHHOLDING TAX

96.60 FORFEITURE OF PAY ON ACCOUNT OF ABSENCE

WITHOUT LEAVE FROM APRIL 19 TO MAY 1,

1951 35.75 COURT-MARTIAL FORFEITURE MAY 3, 1951

26.00 GOVERNMENT PROPERTY LOST OR DAMAGED 1.87 LAUNDRY AND DRY CLEANING 8.00 PAYMENTS BY DISBURSING OFFICERS BEFORE

RELEASE FROM ACTIVE DUTY: OCTOBER 2

TO DECEMBER 31, 1950 ($10, $49, $31, $15,

$1) 106.00

JANUARY 1 TO JUNE 30, 1951 ($10, $40,

$10, $20) 80.00

JULY 1 TO DECEMBER 31, 1951 ($10, $44,

$36, $10, $10, $100, $100) 310.00

JANUARY 1 TO JUNE 30, 1952 ($432, $65,

$64, $50, $25, $40, $85) 761.00

JULY 1 TO AUGUST 15, 1952 ($64, $62,

$561.03) 687.03 $1,944.03

------ MUSTERING-OUT PAYMENTS AFTER RELEASE

FROM ACTIVE DUTY 200.00 PAID UNDER SETTLEMENT DATED

SEPTEMBER 8, 1954 2.70 $4,655.80

--------- --------- UNDERPAYMENT

$ 0.50

YOUR PAY RECORD FOR THE PERIOD FROM JANUARY 1 TO JUNE 30, 1951, SHOWS CREDIT FOR BASIC ALLOWANCE FOR QUARTERS FOR THAT PERIOD AT $67.50 A MONTH IN THE AMOUNT OF $405; A DUPLICATE CREDIT OF $405 FOR THE SAME PERIOD IS SHOWN ON YOUR PAY RECORD FOR THE PERIOD FROM JULY 1 TO DECEMBER 31, 1951, RESULTING IN AN OVERPAYMENT OF $405. IT IS SHOWN ON VOUCHER NO. 39900, JANUARY 1954 ACCOUNTS OF C. L. CARDWELL, THAT THE SUM OF $192.70 (A PART OF THE SUM OF $315 DUE YOU AS COMBAT PAY) WAS APPLIED IN PARTIAL LIQUIDATION OF THIS INDEBTEDNESS, LEAVING A BALANCE OF $212.30 DUE THE UNITED STATES. YOUR PAY RECORD FOR THE PERIOD FROM JANUARY 1 TO JUNE 30, 1951, SHOWS ERRONEOUS CLASS Q ALLOTMENT DEDUCTIONS OF $107.50 A MONTH FOR MAY AND JUNE 1951, THE CLASS Q ALLOTMENT IN THAT AMOUNT HAVING BEEN DISCONTINUED EFFECTIVE APRIL 30, 1951. THUS, THERE RESULTED AN UNDERPAYMENT OF $215. THE SUM OF $212.30 WAS WITHHELD FROM THIS AMOUNT AND YOU WERE PAID THE DIFFERENCE OF $2.70 UNDER THE SETTLEMENT OF SEPTEMBER 8, 1954. THE SUM OF $122.30, THE BALANCE DUE YOU AS COMBAT PAY, WAS APPLIED IN LIQUIDATION OF YOUR INDEBTEDNESS OF THAT AMOUNT BECAUSE OF AN OVERPAYMENT FOR THE PERIOD FROM JULY 1 TO AUGUST 15, 1952. THE UNDERPAYMENT OF $0.50 SHOWN IN THE CONSOLIDATED STATEMENT OF ACCOUNT RESULTED BECAUSE OF ERRORS IN COMPUTATION.

IT APPEARS THAT THE SETTLEMENT OF SEPTEMBER 8, 1954, WAS SUBSTANTIALLY CORRECT AND ON SUCH BASIS IT IS SUSTAINED.