B-127408, AUG. 22, 1956

B-127408: Aug 22, 1956

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TO MASTER SERGEANT ROGER MCCALL: FURTHER REFERENCE IS MADE TO YOUR UNDATED LETTER. YOU WERE ALLOWED THE SUM OF $126 REPRESENTING BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF A DEPENDENT DAUGHTER. YOU WERE ADVISED THAT YOUR CLAIM FOR FAMILY ALLOWANCE PAYMENTS FOR THE PERIOD MAY 1 TO OCTOBER 31. WAS PREDICATED ON A REPORT BY THE DEPARTMENT OF THE AIR FORCE THAT ON THE BASIS OF AN APPLICATION FILED BY YOU ON MAY 27. PAYMENT OF FAMILY ALLOWANCE AT THE RATE OF $100 A MONTH WAS MADE TO YOUR PURPORTED WIFE. IT WAS DETERMINED THAT YOUR MARRIAGE ON MAY 9. WAS INVALID SINCE HER FORMER MARRIAGE TO PAUL S. STONEBERGER WAS NOT TERMINATED BY DIVORCE UNTIL AUGUST 19. THE ERRONEOUS FAMILY ALLOWANCE PAYMENTS IN THE TOTAL AMOUNT OF $600 WERE CHARGED TO AND COLLECTED FROM YOU.

B-127408, AUG. 22, 1956

TO MASTER SERGEANT ROGER MCCALL:

FURTHER REFERENCE IS MADE TO YOUR UNDATED LETTER, WITH ENCLOSURES, RECEIVED HERE ON MARCH 1, 1956, CONCERNING YOUR CLAIM FOR FAMILY ALLOWANCE PAYMENTS FOR THE PERIOD MAY 1 THROUGH OCTOBER 31, 1949, ON ACCOUNT OF A DEPENDENT WIFE AND TWO STEPCHILDREN AND BASIC ALLOWANCE FOR QUARTERS FOR THE PERIOD NOVEMBER 1, 1949, TO SEPTEMBER 30, 1950, ON ACCOUNT OF SUCH WIFE.

BY OUR SETTLEMENT OF NOVEMBER 29, 1955, YOU WERE ALLOWED THE SUM OF $126 REPRESENTING BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF A DEPENDENT DAUGHTER, BARBARA, BORN FEBRUARY 3, 1950, FOR THE PERIOD AUGUST 1 TO SEPTEMBER 26, 1950. YOU WERE ADVISED THAT YOUR CLAIM FOR FAMILY ALLOWANCE PAYMENTS FOR THE PERIOD MAY 1 TO OCTOBER 31, 1949, TO AND FOR BASIC ALLOWANCE FOR QUARTERS FOR THE PERIOD NOVEMBER 1, 1949, TO SEPTEMBER 30, 1950, COULD NOT BE ALLOWED SINCE THE RECORD DISCLOSED THAT YOU DID NOT ENTER INTO A VALID MARRIAGE UNTIL SEPTEMBER 26, 1950, AND THAT YOU HAD BEEN CREDITED WITH BASIC ALLOWANCE FOR QUARTERS SINCE SEPTEMBER 27, 1950.

THE ACTION TAKEN IN THE SETTLEMENT OF NOVEMBER 29, 1955, WAS PREDICATED ON A REPORT BY THE DEPARTMENT OF THE AIR FORCE THAT ON THE BASIS OF AN APPLICATION FILED BY YOU ON MAY 27, 1949, PAYMENT OF FAMILY ALLOWANCE AT THE RATE OF $100 A MONTH WAS MADE TO YOUR PURPORTED WIFE, RUBY, IN BEHALF OF HERSELF AND HER TWO CHILDREN BY A FORMER MARRIAGE. SUBSEQUENTLY, IT WAS DETERMINED THAT YOUR MARRIAGE ON MAY 9, 1949, TO RUBY, WAS INVALID SINCE HER FORMER MARRIAGE TO PAUL S. STONEBERGER WAS NOT TERMINATED BY DIVORCE UNTIL AUGUST 19, 1950. ACCORDINGLY, THE ERRONEOUS FAMILY ALLOWANCE PAYMENTS IN THE TOTAL AMOUNT OF $600 WERE CHARGED TO AND COLLECTED FROM YOU. A VALID MARRIAGE WAS CONTRACTED BY RUBY AND YOURSELF ON SEPTEMBER 26, 1950, AND A BASIC ALLOWANCE FOR QUARTERS HAS BEEN CREDITED TO YOU SINCE SEPTEMBER 27, 1950. BY OUR SETTLEMENT DATED FEBRUARY 16, 1954, YOU WERE ALLOWED THE SUM OF $88 AS REFUND OF YOUR $22 PER MONTH CONTRIBUTION TO THE FAMILY ALLOWANCE PAYMENTS.

IN VIEW OF THE REPORT FROM THE DEPARTMENT OF THE AIR FORCE AS TO YOUR MARITAL STATUS DURING THE PERIOD INVOLVED, THE DISALLOWANCE OF YOUR CLAIM FOR FAMILY ALLOWANCE FOR THE PERIOD FROM MAY 1 TO OCTOBER 31, 1949, AND FOR BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF A DEPENDENT WIFE FOR THE PERIOD NOVEMBER 1, 1949, TO SEPTEMBER 27, 1950, WAS CORRECT AND IS SUSTAINED.

THERE HAS BEEN RECEIVED FROM THE DEPARTMENT OF THE AIR FORCE A DETERMINATION THAT YOU HAD A DEPENDENT CHILD FOR THE PERIOD FEBRUARY 3 TO JULY 31, 1950. ACCORDINGLY, YOU ARE ENTITLED TO BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF A DEPENDENT FOR THAT PERIOD, AND SETTLEMENT, IN THE AMOUNT FOUND TO BE DUE, WILL ISSUE TO YOU IN DUE COURSE.