B-122964, JUN. 21, 1955

B-122964, JUN. 21, 1955

TO MR. ELMER A. KIMBALL:

REFERENCE IS MADE TO A LETTER DATED JANUARY 14, 1955, WRITTEN ON YOUR BEHALF BY MR. WALTER D. HARDIN CONCERNING YOUR CLAIM FOR PAY BELIEVED TO BE DUE AT THE DATE OF YOUR DISCHARGE, APRIL 25, 1951, AS AN ENLISTED MAN, UNITED STATES AIR FORCE, AND FOR THE AMOUNT OF A CLASS "Q" ALLOTMENT CHECK IN FAVOR OF YOUR WIFE FOR APRIL 1951.

BY SETTLEMENT DATED MAY 28, 1953, YOU WERE ADVISED THAT SINCE YOUR CLASS Q ALLOTMENT WAS DISCONTINUED EFFECTIVE WITH PAYMENT FOR MARCH 1951, THE APRIL 1951 CLASS "Q" ALLOTMENT CHECK WAS CANCELED. THE SETTLEMENT ALSO CONTAINED A STATEMENT OF YOUR PAY ACCOUNT FOR THE PERIOD JULY 1, 1950, TO APRIL 25, 1951, LISTING CREDITS IN THE TOTAL AMOUNT OF $2,176.28 (ERRONEOUSLY SHOWN AS $2,175.28) AND DEBITS IN THE TOTAL AMOUNT OF $2,214.76, LEAVING A DIFFERENCE OF $38.48 DUE THE UNITED STATES.

YOU AND MR. HARDIN APPEAR TO BELIEVE THAT THE AMOUNTS SHOWN UNDER THE HEADING "CREDITS" IN THE SETTLEMENT WERE INTENDED TO REPRESENT ITEMS THOUGHT BY US AS HAVING BEEN PAID TO YOU. RESPECTING THE CLASS Q ALLOTMENT PAID TO YOUR WIFE, MR. HARDIN'S LETTER OF JANUARY 14, 1955, SAYS THAT YOU MADE APPLICATION FOR SUCH AN ALLOTMENT FOR YOUR WIFE IN JANUARY 1950, BUT THAT SHE ONLY RECEIVED CLASS "Q" ALLOTMENT CHECKS AT THE RATE OF $127.50 PER MONTH FOR DECEMBER 1950 AND JANUARY AND FEBRUARY 1951. LIKEWISE, THE LETTER SAYS THAT THE CHARGES OF $5.54 AND $15.22 FOR INITIAL DISTRIBUTION OF "BLUES" AND FOR CLOTHING WERE ERRONEOUS, SINCE YOU PAID CASH FOR THESE ITEMS. THE LETTER ALSO STATES THAT SUBSISTENCE ALLOWANCE WAS NOT PAID FROM OCTOBER 4 TO NOVEMBER 30, 1950.

THE AMOUNTS SHOWN UNDER THE HEADING "CREDITS" IN THE SETTLEMENT REPRESENT THE PAY AND ALLOWANCES WHICH ARE SHOWN ON YOUR PAY RECORDS AS HAVING ACCRUED TO YOU DURING THE PERIOD JULY 1, 1950, TO APRIL 25, 1951. THE ITEMS LISTED UNDER THE HEADING "DEBITS" IN THE SETTLEMENT REPRESENT THE ITEMS CHARGEABLE AGAINST YOUR PAY AND ALLOWANCES, INCLUDING THE PAYMENTS MADE TO YOU IN CASH AND BY CHECK AS WELL AS THE OTHER ITEMS THERE SHOWN. AS TO THE PAYMENT OF A CLASS "Q" ALLOTMENT TO YOUR WIFE, IT APPEARS FROM A REPORT FROM THE DEPARTMENT OF THE AIR FORCE THAT CLASS "Q" ALLOTMENT AT THE RATE OF $127.50 PER MONTH WAS AUTHORIZED IN FAVOR OF YOUR WIFE EFFECTIVE NOVEMBER 1, 1950, AND THAT BECAUSE OF GENERAL COURT-MARTIAL ORDER NO. 9, HEADQUARTERS, LACKLAND AIR FORCE BASE, SAN ANTONIO, TEXAS, APPROVED MARCH 16, 1951, THE ALLOTMENT WAS DISCONTINUED EFFECTIVE MARCH 31, 1951. CLASS "Q" ALLOTMENT CHECKS PAYABLE TO YOUR WIFE, RUTH M. KIMBALL, WERE ISSUED AS FOLLOWS:

CHART

FOR THE

CHECK NO. DATE MONTH OF

123,476 12/12/50 NOVEMBER 1950

261,417 1/1/51 DECEMBER 1950

121,107 2/1/51 JANUARY 1951

301,434 3/1/51 FEBRUARY 1951

490,287 4/1/51 MARCH 1951

ALL THE CHECKS, WHICH ARE ON FILE HERE, BEAR THE ENDORSEMENT OF RUTH M. KIMBALL, AND HAVE BEEN NEGOTIATED AND PAID BY THE TREASURER OF THE UNITED STATES. HENCE, NO FURTHER SUM IS DUE YOUR WIFE FOR CLASS "Q" ALLOTMENT.

AS TO THE SUBSISTENCE ALLOWANCE FOR THE PERIOD OCTOBER 4 TO NOVEMBER 30, 1950, CLAIMED TO HAVE NOT BEEN PAID TO YOU, IT WILL BE NOTED THAT THIS PERIOD WAS INCLUDED IN THE PERIOD SHOWN IN THE ITEM UNDER "CREDITS" RELATING TO SUBSISTENCE ALLOWANCE. THE CREDIT ITEM OF $144.90 FOR SUBSISTENCE ALLOWANCE FOR THE PERIOD AUGUST 16 TO DECEMBER 31, 1950, WAS REDUCED BY THE DEBIT ITEM OF $93.45 FOR OVERPAYMENT OF SUBSISTENCE ALLOWANCE FROM OCTOBER 4 TO DECEMBER 31, 1950, FOR THE REASON THAT DURING THE LATTER PERIOD YOU WERE IN THE HOSPITAL AND UNDER CONFINEMENT, DURING WHICH PERIOD SUBSISTENCE ALLOWANCE DID NOT ACCRUE.

RESPECTING THE CHARGE OF $5.54 FOR INITIAL DISTRIBUTION OF THE AIR FORCE BLUE UNIFORM AND THE CHARGE OF $15.22 FOR CLOTHING ISSUED AS A HEALTH AND APPEARANCE SALE, WHILE IT IS ALLEGED THAT YOU PAID CASH FOR THESE ITEMS YOU HAVE NOT FURNISHED RECEIPTS OR OTHER EVIDENCE IN SUPPORT OF SUCH ALLEGATION. THE PAY RECORDS SHOW THAT YOUR INITIAL CLOTHING ALLOWANCE WAS LIQUIDATED EFFECTIVE JUNE 30, 1950, BY PAYMENT TO YOU OF THE UNUSED BALANCE OF $13.74. HENCE, THE SUBSEQUENT INITIAL DISTRIBUTION TO YOU OF BLUE UNIFORM CLOTHING APPEARS TO HAVE BEEN PROPERLY CHARGEABLE AGAINST YOUR ACCOUNT AS CERTIFIED ON THE OFFICIAL PAY RECORDS. AS TO THE HEALTH AND APPEARANCE SALE OF CLOTHING IN THE AMOUNT OF $15.22, THE AIR FORCE REGULATIONS PROVIDE THAT SUCH SALES MAY BE MADE ONLY TO AIRMEN IN NEED OF CLOTHING BUT WHO LACK FUNDS FOR THE PURCHASE AND DO NOT HAVE ENOUGH ACCRUED PAY TO DRAW A PARTIAL PAYMENT. SUCH SALES ARE CHARGED AGAINST THE ACCOUNT OF THE AIRMAN. IN VIEW OF THE FOREGOING THE CLOTHING CHARGES AGAINST YOUR ACCOUNT WOULD APPEAR TO BE CORRECT, BUT EVEN IF IT WERE ESTABLISHED THAT YOU PAID CASH FOR THESE ITEMS NO AMOUNT WOULD BE DUE YOU SINCE THE RECORDS SHOW THAT YOU WERE OVERPAID IN THE AMOUNT OF $38.48 AT THE TIME OF DISCHARGE.