B-124863, OCT. 24, 1955

B-124863, OCT. 24, 1955

TO MRS. VIVIAN C. JOHNSON:

YOUR LETTER OF JULY 12, 1955, REQUESTS REVIEW OF THE ACTION TAKEN IN OUR LETTER OF JUNE 29, 1955, BY WHICH YOU WERE ADVISED THAT THE PAYMENT OF AN ALLOTMENT BELIEVED TO BE DUE YOU FOR THE PERIOD SEPTEMBER 3, 1951, THROUGH THE MONTH OF FEBRUARY 1952, INCIDENT TO THE SERVICE OF YOUR HUSBAND, FLOYD E. JOHSON, IN THE UNITED STATES AIR FORCE WAS AN ADMINISTRATIVE MATTER OVER WHICH WE HAD NO JURISDICTION.

THE RECORD SHOWS THAT YOU HAVE BEEN FULLY ADVISED BY THE AIR FORCE FINANCE CENTER, DENVER, COLORADO, OF THE REASON WHY YOUR ALLOTMENT WAS DISCONTINUED EFFECTIVE AUGUST 31, 1951. BRIEFLY, SUCH ACTION WAS TAKEN BECAUSE YOLUR HUSBAND BECAME ABSENT WITHOUT LEAVE ON JUNE 1, 1951. WHILE HE RETURNED TO MILITARY CONTROL ON SEPTEMBER 3, 1951, AND COULD HAVE MADE A NEW APPLICATION FOR THE ALLOTMENT EFFECTIVE THAT DATE, HE DID NOT ELECT TO FILE SUCH AN APPLICATION.

SECTION 6 OF THE DEPENDENTS ASSISTANCE ACT OF 1950, 64 STAT. 796, PROVIDES THAT THE SECRETARY OF THE DEPARTMENT CONCERNED MAY, AT HIS DISCRETION, AUTHORIZE AND DIRECT THE PAYMENT OF AN ALLOTMENT AS HE SHALL DETERMINE TO BE IN CONFORMITY WITH THE PROVISIONS OF THE ACT FOR A DEPENDENT IN ANY CASE WHERE THE MEMBER DOES NOT CLAIM THE ALLOWANCE. THE ACT PROVIDES (SECTION 10) THAT THE SECRETARY CONCERNED IS AUTHORIZED TO PRESCRIBE SUCH REGULATIONS AS HE MAY DEEM NECESSARY TO CARRY OUT THE PROVISIONS OF THE ACT AND IT IS ALSO PROVIDED THAT ALL DETERMINATIONS NECESSARY IN THE ADMINISTRATION OF THE ACT SHALL BE MADE BY THE SECRETARY CONCERNED OR SUCH OTHER PERSON OR PERSONS AS HE MAY DESIGNATE. SECTION 11 OF THE ACT PROVIDES THAT ALL DETERMINATIONS MADE UNDER THE ACT SHALL BE FINAL AND CONCLUSIVE FOR ALL PURPOSES AND SHALL NOT BE SUBJECT TO REVIEW IN ANY COURT OR BY ANY ACCOUNTING OFFICER OF THE GOVERNMENT, EXCEPT FOR CASES INVOLVING FRAUD OR GROSS NEGLIGENCE.

THE REGULATIONS PRESCRIBED UNDER THOSE STATUTORY PROVISIONS, APPLICABLE IN YOUR CASE, PROVIDE THAT THE AIR FORCE FINANCE CENTER WILL AUTHORIZE PAYMENT OF THE ALLOTMENT TO THE WIFE IN THE AMOUNT OF BASIC ALLOWANCE FOR QUARTERS, ONLY FROM THE DATE ON WHICH HER REQUEST FOR SUPPORT WAS RECEIVED. THEY PROVIDE ALSO FOR AN ALLOTMENT IN THE FULL AMOUNT AUTHORIZED FOR THE MEMBER EFFECTIVE THE FIRST DAY OF THE MONTH IN WHICH ELIGIBILITY IS ESTABLISHED. YOUR REQUEST FOR SUPPORT WAS RECEIVED JANUARY 14, 1952, AND THE DETERMINATION OF YOUR ELIGIBILITY TO RECEIVE ALLOTMENT PAYMENTS WAS MADE MARCH 17, 1952. WHILE UNDER SECTION 11 OF THE 1950 LAW WE WOULD HAVE NO JURISDICTION TO REVIEW THE ADMINISTRATIVE ACTION TAKEN IN CONNECTION WITH THE ALLOTMENTS PAID TO YOU, IT APPEARS THAT YOU PROPERLY WERE ENTITLED TO AN ALLOTMENT EQUAL TO THE BASIC ALLOWANCE FOR QUARTERS FROM JANUARY 14, 1952, THROUGH FEBRUARY 29, 1952, AND AN ALLOTMENT OF $85 EFFECTIVE MARCH 1, 1952. THE RECORD INDICATES THAT THOSE AMOUNTS HAVE BEEN PAID TO YOU. OUR OFFICE CANNOT AUTHORIZE PAYMENT OF AN ALLOTMENT TO YOU DURING THE PERIOD SEPTEMBER, 1951, THROUGH JANUARY 13, 1952, WHEN NO ALLOTMENT WAS IN EFFECT.