B-127539, AUG. 29, 1956

B-127539: Aug 29, 1956

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SERGIO MORALES-CORDERO: THERE HAVE BEEN CONSIDERED YOUR SEVERAL INQUIRIES CONCERNING YOUR INDEBTEDNESS TO THE UNITED STATES ON ACCOUNT OF AN OVERPAYMENT OF BASIC ALLOWANCE FOR QUARTERS FOR A DEPENDENT MOTHER. THAT YOU WERE DISCHARGED ON NOVEMBER 23. CLASS Q ALLOTMENT PAYMENTS IN THE AMOUNT OF $85 PER MONTH WERE MADE TO YOUR MOTHER FOR THE MONTHS OF MARCH 1951 THROUGH JULY 1951. SUCH PAYMENTS WERE DISCONTINUED EFFECTIVE JULY 31. UPON A DETERMINATION BY THE DEPARTMENT OF THE ARMY THAT YOUR MOTHER WAS NOT DEPENDENT ON YOU TO THE EXTENT REQUIRED BY THE DEPENDENTS ASSISTANCE ACT OF 1950. THE DEPARTMENT OF THE ARMY REDETERMINED THAT YOUR MOTHER WAS DEPENDENT ON YOU FOR OVER ONE HALF OF HER SUPPORT.

B-127539, AUG. 29, 1956

TO MR. SERGIO MORALES-CORDERO:

THERE HAVE BEEN CONSIDERED YOUR SEVERAL INQUIRIES CONCERNING YOUR INDEBTEDNESS TO THE UNITED STATES ON ACCOUNT OF AN OVERPAYMENT OF BASIC ALLOWANCE FOR QUARTERS FOR A DEPENDENT MOTHER, INCIDENT TO YOUR SERVICE AS AN ENLISTED MAN IN THE ARMY DURING THE PERIOD FEBRUARY 1, 1951, TO NOVEMBER 23, 1953.

IT APPEARS FROM THE RECORD THAT YOU ENTERED THE ARMY ON FEBRUARY 1, 1951, AND THAT YOU WERE DISCHARGED ON NOVEMBER 23, 1953. THE RECORD SHOWS YOU AUTHORIZED A CLASS Q ALLOTMENT IN THE AMOUNT OF $95 PER MONTH IN FAVOR OF YOUR MOTHER, RUPERTA CORDERO DE MORALES, EFFECTIVE MARCH 1, 1951. ON THE BASIS OF A TENTATIVE DETERMINATION OF DEPENDENCY, CLASS Q ALLOTMENT PAYMENTS IN THE AMOUNT OF $85 PER MONTH WERE MADE TO YOUR MOTHER FOR THE MONTHS OF MARCH 1951 THROUGH JULY 1951. SUCH PAYMENTS WERE DISCONTINUED EFFECTIVE JULY 31, 1951, UPON A DETERMINATION BY THE DEPARTMENT OF THE ARMY THAT YOUR MOTHER WAS NOT DEPENDENT ON YOU TO THE EXTENT REQUIRED BY THE DEPENDENTS ASSISTANCE ACT OF 1950, 64 STAT. 794.

THEREAFTER, IN VIEW OF ADDITIONAL EVIDENCE, THE DEPARTMENT OF THE ARMY REDETERMINED THAT YOUR MOTHER WAS DEPENDENT ON YOU FOR OVER ONE HALF OF HER SUPPORT, BUT ONLY FOR THE PERIOD COMMENCING SEPTEMBER 1, 1951. ACCORDINGLY, PAYMENT TO YOUR MOTHER WAS AUTHORIZED IN AN AMOUNT EQUAL TO THE BASIC ALLOWANCE FOR QUARTERS AT THE RATE OF $45 PER MONTH FOR THE MONTHS OF SEPTEMBER 1951 THROUGH FEBRUARY 1952, AND A CLASS Q ALLOTMENT OF $85 PER MONTH EFFECTIVE MARCH 1, 1952.

THE RECORDS FURTHER SHOW THAT THE CLASS Q ALLOTMENT OF $85 WAS INCREASED TO $91.30 EFFECTIVE AUGUST 1, 1952, AND PAID AT THAT RATE FOR THE MONTHS OF AUGUST 1952 THROUGH JANUARY 1953 AND THAT EFFECTIVE FEBRUARY 1, 1953, THIS ALLOTMENT WAS DECREASED TO $50 PER MONTH AND PAID AT THAT RATE FOR THE MONTHS OF FEBRUARY 1953 THROUGH NOVEMBER 1953. ON THE BASIS OF AN APPLICATION FOR INCREASED ALLOWANCES SHOWING THAT YOU WERE MARRIED ON NOVEMBER 15, 1952, A CLASS Q ALLOTMENT WAS AUTHORIZED IN FAVOR OF YOUR WIFE AT THE RATE OF $25.80 PER MONTH FOR DECEMBER 1952 AND JANUARY 1953. EFFECTIVE FEBRUARY 1, 1953, THIS ALLOTMENT WAS INCREASED TO $67.10 PER MONTH AND PAID TO YOUR WIFE FOR THE MONTHS OF FEBRUARY 1953 THROUGH JUNE 1953, WITH THE EXCEPTION OF THE MONTH OF MARCH 1953. AN ADJUSTMENT WAS MADE EFFECTIVE JULY 1, 1953, BY REASON OF AN ADDITIONAL DEPENDENT (CHILD BORN JUNE 13, 1953) WHICH INCREASED THE CLASS Q ALLOTMENT ON ACCOUNT OF YOUR WIFE AND CHILD TO $86.90 PER MONTH, AND PAYMENTS WERE MADE AT THAT RATE FOR THE MONTHS OF JULY 1953 THROUGH NOVEMBER 1953, THE MONTH IN WHICH YOU WERE DISCHARGED.

A FURTHER REDETERMINATION OF YOUR CASE WAS MADE BY THE DEPARTMENT OF THE ARMY AND IT WAS DETERMINED BY THAT OFFICE THAT YOUR MOTHER'S DEPENDENCY CEASED ON OCTOBER 31, 1952, AS INCOME FROM SOURCES OTHER THAN YOUR CONTRIBUTIONS EXCEEDED HER EXPENSES. BASED UPON THAT REDETERMINATION, YOU WERE ENTITLED TO CREDIT OF BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF A DEPENDENT MOTHER ONLY FOR THE PERIOD SEPTEMBER 1, 1951, TO OCTOBER 31, 1952.

THE PAYMENT OF BASIC ALLOWANCES FOR QUARTERS TO ENLISTED MEN OF THE UNIFORMED SERVICES WITH DEPENDENTS FOR THE PERIOD HERE INVOLVED IS GOVERNED BY SECTION 302 OF THE CAREER COMPENSATION ACT OF 1949, 64 STAT. 794. SECTION 1 OF THE 1950 AMENDATORY STATUTE PROVIDES THAT THE DEPENDENCY OF A FATHER OR MOTHER SHALL BE DETERMINED ON THE BASIS OF AFFIDAVIT SUBMITTED BY SUCH FATHER OR MOTHER AND SUCH OTHER EVIDENCE AS THE SECRETARY CONCERNED MAY DEEM NECESSARY UNDER SUCH REGULATIONS AS HE MAY PRESCRIBE. SECTIONS 10 AND 11 OF THE ACT, PROVIDE THAT DETERMINATIONS OF DEPENDENCY SHALL BE MADE BY THE SECRETARY OF THE DEPARTMENT CONCERNED OR SUCH OTHER PERSON OR PERSONS AS HE MAY DESIGNATE, AND THAT SUCH DETERMINATIONS SHALL BE FINAL AND CONCLUSIVE FOR ALL PURPOSES AND NOT SUBJECT TO REVIEW IN ANY COURT OR BY ANY ACCOUNTING OFFICER OF THE GOVERNMENT. IN VIEW OF THE DETERMINATION MADE BY THE DEPARTMENT OF THE ARMY THAT YOUR MOTHER WAS NOT DEPENDENT ON YOU FOR OVER ONE-HALF OF HER SUPPORT DURING THE PERIOD INVOLVED, ANY QUESTION YOU MAY HAVE CONCERNING HER DEPENDENCY SHOULD BE ADDRESSED TO THE COMMANDING GENERAL, FINANCE CENTER, U.S. ARMY, INDIANAPOLIS 49, INDIANA.

A SUMMATION OF YOUR BASIC ALLOWANCE FOR QUARTERS ACCOUNT WHICH IS FOR CONSIDERATION IN CORRECTLY ADJUSTING THAT ACCOUNT FOR THE PERIOD INVOLVED IS AS FOLLOWS:

CHART

CREDITED

FEB. 1 TO AUG. 31, 1951, AT $45 PER MO. $315.00

ENTITLED

FEB. 1 TO AUG. 31, 1951, AT $45 PER MO. NONE

OVERCREDIT $315.00

CREDITED

SEPT. 1, 1951, TO APR. 30, 1952, AT $45 PER MO. $360.00

ENTITLED

SEPT. 1, 1951, TO APR. 30, 1952, AT $45 PER MO. 360.00

NO DIFFERENCE

CREDITED

MAY 1, TO OCT. 31, 1952, AT $51.30 PER MO. 307.80

ENTITLED

MAY 1, TO OCT. 31, 1952, AT $51.30 PER MO. 307.80

NO DIFFERENCE

CREDITED

NOV. 1 TO 14, 1952, AT $51.30 PER MO. $ 23.94

ENTITLED

NOV. 1 TO 14, 1952, AT $51.30 PER MO. NONE

OVERCREDIT $ 23.94

CREDITED

NOV. 15, 1952, TO JUNE 12, 1953, AT $77.10 PER MO. $534.56

ENTITLED

NOV. 15, 1952, TO APRIL 22, 1953,

AT $51.30 PER MO. $270.18

APRIL 23 TO JUNE 12, 1953,

AT $77.10 PER MO. 128.50 398.68

OVERCREDIT $135.88

CREDITED

JUNE 13 TO NOV. 23, 1953, AT $96.90 PER MO. $520.03

ENTITLED

JUNE 13 TO NOV. 23, 1953, AT $77.10 PER MO. 413.77

OVERCREDIT $106.26

TOTAL OVERCREDIT OF BAQ $581.08

OVERPAYMENT OF STATION SUBSISTENCE ALLOWANCE FROM

NOVEMBER 1 TO 14, 1952, AT $2.25 PER DAY 31.50

TOTAL OVERPAYMENT $612.58

LESS AMOUNT ALLOWED IN SETTLEMENT DATED MAY 27, 1955:

OVERDEDUCTION OF CLASS Q ALLOTMENT FOR

AUGUST 1951, AT $85 PER MO. $ 85.00

DIFFERENCE BETWEEN CLASS Q ALLOTMENT

DEDUCTION OF $85 AND $45 PER MO.

FROM SEPT. 1, 1951, TO FEB. 29, 1952 240.00 325.00

TOTAL AMOUNT DUE U.S. $287.58

IT WILL BE SEEN FROM THE FOREGOING STATEMENT THAT THE SUM OF $325 FOUND DUE YOU WAS PROPERLY APPLIED TO PARTIALLY LIQUIDATE YOUR INDEBTEDNESS. REPORTING YOUR INDEBTEDNESS HERE, THE DEPARTMENT OF THE ARMY STATED THE NET AMOUNT TO BE $220.48, WHICH IS $67.10 LESS THAN THE SUM OF $287.58 AS SHOWN IN THE ABOVE STATEMENT OF YOUR PAY ACCOUNT. IN THAT CONNECTION, IT APPEARS FROM THE RECORD THAT IN ADJUSTING YOUR INDEBTEDNESS, THE DEPARTMENT OF THE ARMY ALLOWED YOU CREDIT IN THE AMOUNT OF $67.10, WHICH SUM REPRESENTED THE PROCEEDS OF CLASS Q ALLOTMENT CHECK FOR THE MONTH OF MARCH 1953, CHECK NO. 13,318,547, DATED APRIL 1, 1953, DRAWN TO THE ORDER OF YOUR WIFE. THE RECORD SHOWS THAT SUCH CHECK, WHICH WAS PROPERLY DUE YOUR WIFE FOR THE MONTH OF MARCH 1953, WAS CANCELED BY THE ADMINISTRATIVE OFFICE. WHILE YOUR WIFE WAS ENTITLED TO THE PROCEEDS OF THAT CHECK, IT IS ASSUMED THAT SHE DESIRES THAT THE AMOUNT OF THE CHECK BE APPLIED TO PARTIALLY LIQUIDATE YOUR INDEBTEDNESS TO THE UNITED STATES ($287.58), WHICH WOULD LEAVE A BALANCE DUE FROM YOU IN THE AMOUNT OF $220.48.

ACCORDINGLY, THE ACTION TAKEN IN THE SETTLEMENT OF MAY 27, 1955, IN APPLYING THE AMOUNT FOUND DUE YOU TO PARTIALLY LIQUIDATE YOUR INDEBTEDNESS IS SUSTAINED. YOU SHOULD MAKE ARRANGEMENTS TO ..END :