B-127688, JUN, 21, 1956

B-127688, JUN, 21, 1956

TO MASTER SERGEANT ALEXANDER M. HORNER:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 11, 1956, AND PREVIOUS LETTERS CONCERNING YOUR CLAIM FOR REFUND OF $350 COLLECTED FROM YOU TO SUPPORT A CLASS Q ALLOTMENT AT THE RATE OF $50 A MONTH TO YOUR FORMER WIFE, JEAN B. JONES, FOR THE SUPPORT OF YOUR SON, ALEXANDER M. HORNER, JR., FOR THE PERIOD MAY 1 THROUGH NOVEMBER 30, 1951.

THE AMOUNT CLAIMED WAS COLLECTED FROM YOU IN AUGUST 1954, AND A LIKE AMOUNT WAS ALLOWED TO YOUR FORMER WIFE, JEAN B. JONES, BY OUR SETTLEMENT OF SEPTEMBER 15, 1955, BASED UPON A DETERMINATION BY THE DEPARTMENT OF THE AIR FORCE THAT SHE WAS ENTITLED TO, BUT HAD NOT BEEN PAID, THE $50 ALLOTMENT FOR THE MONTHS INVOLVED AND THAT CORRESPONDING DEDUCTIONS HAD NOT BEEN MADE FROM YOUR PAY. THE CHECK FOR $350 ISSUED PURSUANT TO OUR SETTLEMENT WAS RETURNED BY MRS. JONES WHO SAYS THE ALLOTMENT WAS PAID TO HER CURRENTLY. YOU NOW CLAIM REFUND OF THE AMOUNT OF $350 COLLECTED FROM YOU ON THE BASIS THAT MRS. JONES WAS NOT ENTITLED TO SUCH A PAYMENT SINCE THE ALLOTMENT WAS PAID TO HER CURRENTLY DURING THE MONTHS INVOLVED--- AND THAT PAYMENT AT THIS TIME WOULD CONSTITUTE A DUPLICATE PAYMENT. YOU ALSO SAY THAT FROM MAY TO AUGUST 1951, YOU CONTRIBUTED $60 A MONTH TO YOUR CLASS Q ALLOTMENT AND THAT FOR THE PERIOD SEPTEMBER THROUGH NOVEMBER 1951, YOU CONTRIBUTED $80 A MONTH FOR THAT PURPOSE.

IN ORDER TO DETERMINE WHETHER YOU ARE ENTITLED TO THE AMOUNT CLAIMED IT IS NECESSARY TO CONSIDER ALL OF THE ALLOTMENT PAYMENTS MADE ON BEHALF OF YOUR DEPENDENTS AS WELL AS THE DEDUCTIONS FROM YOUR PAY TO SUPPORT SUCH PAYMENTS AND THE STATUTORY PROVISIONS UNDER WHICH THE ALLOTMENTS WERE AUTHORIZED.

THE DEPENDENTS ASSISTANCE ACT OF 1950, 64 STAT. 794, AUTHORIZED THE PAYMENT TO ENLISTED MEMBERS OF THE ARMED FORCES OF A BASIC ALLOWANCE FOR QUARTERS FOR DEPENDENTS IN AN AMOUNT VARYING WITH THE GRADE OF THE MEMBER AND THE NUMBER OF HIS ELIGIBLE DEPENDENTS, PROVIDED HE HAD IN EFFECT FOR THE SUPPORT OF HIS DEPENDENTS AN ALLOTMENT OF HIS PAY IN AN AMOUNT NOT LESS THAN THE BASIC ALLOWANCE FOR QUARTERS AUTHORIZED FOR HIS GRADE PLUS AN ADDITIONAL AMOUNT ALSO VARYING WITH THE GRADE OF THE MEMBER. FOR THE PERIOD INVOLVED IN YOUR CLAIM, MAY 1 TO NOVEMBER 30, 1951, MEMBERS IN PAY GRADES E-5 AND E-6 WERE ENTITLED TO A BASIC ALLOWANCE FOR QUARTERS IN THE AMOUNT OF $67.50 A MONTH FOR NOT OVER TWO DEPENDENTS AND $85 A MONTH FOR OVER TWO DEPENDENTS FOR SUCH TIME AS THE MEMBER HAD IN EFFECT AN ALLOTMENT OF PAY IN AN AMOUNT NOT LESS THAN THE SUM OF THE QUARTERS ALLOWANCE TO WHICH HE WAS ENTITLED PLUS $60 IN CASE OF MEMBERS IN PAY GRADE E-5, OR $80 IN THE CASE OF MEMBERS IN PAY GRADE E-6. THE RECORDS SHOW THAT ON MAY 1, 1951, YOU WERE SERVING IN GRADE E-5 AND THAT EFFECTIVE AUGUST 10, 1951, YOU WERE ADVANCED TO GRADE E-6.

IT APPEARS THAT YOU WERE DIVORCED AT THE TIME OF YOUR INDUCTION INTO THE FEDERAL SERVICE, OCTOBER 10, 1950, BUT THAT YOU HAD A DEPENDENT UNMARRIED LEGITIMATE CHILD, ALEXANDER M. HORNER, JR. IT ALSO APPEARS THAT YOU MARRIED EDYTH WALLACE ON APRIL 11, 1951, AND FROM THAT TIME UNTIL YOU AND SHE WERE SEPARATED IN 1955, YOU HAD THREE DEPENDENTS (LAWFUL WIFE, LEGITIMATE CHILD AND STEPCHILD). FOLLOWING YOUR MARRIAGE TO EDYTH YOU APPARENTLY CLAIMED HER AND YOUR SON AS DEPENDENTS FOR THE PURPOSE OF RECEIVING CREDIT FOR THE BASIC ALLOWANCE FOR QUARTERS. THE ALLOTMENT DIVISION, AIR FORCE FINANCE CENTER, DENVER, COLORADO, HAS REPORTED THAT A MONTHLY CLASS Q ALLOTMENT IN FAVOR OF JEAN B. JONES FOR THE SUPPORT OF YOUR SON WAS RETROACTIVELY ESTABLISHED EFFECTIVE NOVEMBER 1, 1950, AT THE RATE OF $67.50 A MONTH AND PAID THROUGH APRIL 1951, IN A LUMP SUM OF $405. DURING THE PERIOD JANUARY 1 TO JUNE 30, 1952, THERE WAS DEDUCTED FROM YOUR PAY THE SUM OF $405 REPRESENTING THE AMOUNT OF THE LUMP-SUM PAYMENT. ALSO DURING THAT PERIOD YOU WERE RETROACTIVELY CREDITED WITH QUARTERS ALLOWANCE AT THE RATE OF $67.50 A MONTH FROM THE DATE OF YOUR INDUCTION INTO THE FEDERAL SERVICE. THE DEPARTMENT OF THE AIR FORCE FURTHER REPORTED THAT A CLASS Q ALLOTMENT AUTHORIZED AS OF MAY 1, 1951, TO JEAN B. JONES IN THE AMOUNT OF $50 A MONTH INADVERTENTLY WAS NOT ESTABLISHED UNTIL DECEMBER 1, 1951, AND THAT THERE WAS DUE HER $350 FOR THE PERIOD MAY 1 TO NOVEMBER 30, 1951, A MONTHLY CLASS Q ALLOTMENT WAS AUTHORIZED IN FAVOR OF YOUR WIFE, EDYTH W. HORNER, AT THE RATE OF $77.50 AND THAT EFFECTIVE SEPTEMBER 1, 1951, IT WAS INCREASED TO $97.50. YOUR PAY RECORDS SHOW CLASS Q ALLOTMENT DEDUCTIONS FROM YOUR PAY AT THE RATE OF $77.50 A MONTH FOR THE PERIOD MAY 1 TO AUGUST 31, 1951, AT THE RATE OF $97.50 A MONTH FROM SEPTEMBER 1 TO NOVEMBER 30, 1951, AND AT THE RATE OF $147.50 A MONTH COMMENCING DECEMBER 1, 1951.

IT APPEARS THAT ON OCTOBER 7, 1953, YOU PRESENTED A CLAIM TO THE DEPARTMENT OF THE AIR FORCE FOR AN INCREASE IN QUARTERS ALLOWANCE FROM THE DATE OF YOUR MARRIAGE, APRIL 11, 1951, ON THE BASIS OF THREE DEPENDENTS, INCLUDING YOUR STEPDAUGHTER. YOUR CLAIM WAS SUBMITTED TO OUR CLAIMS DIVISION WITH A REPORT DATED AUGUST 24, 1955, FROM THE AIR FORCE FINANCE CENTER, DENVER, COLORADO, YOUR COPY OF WHICH IS ENCLOSED, SHOWING THAT THERE WAS DUE JEAN B. JONES THE AFOREMENTIONED SUM OF $350 AS CLASS Q ALLOTMENT FROM MAY 1 TO NOVEMBER 30, 1951, AS PREVIOUSLY EXPLAINED. ALSO IT WAS REPORTED THAT YOU WERE ENTITLED TO AN INCREASE IN BASIC ALLOWANCE FOR QUARTERS REPRESENTING THE DIFFERENCE BETWEEN THE AMOUNT YOU HAD BEEN CREDITED ON THE BASIS OF TWO DEPENDENTS AT $67.50 A MONTH AND THE AMOUNT PAYABLE FOR THREE DEPENDENTS AT $85 A MONTH FOR THE PERIOD APRIL 11, 1951, TO APRIL 30, 1952, AND THE AMOUNT CREDITED FOR TWO DEPENDENTS AT $77.10 A MONTH AND THE AMOUNT PAYABLE FOR THREE DEPENDENTS AT $96.90 A MONTH FOR THE PERIOD MAY 1 TO OCTOBER 31, 1952. IT WAS FURTHER REPORTED THAT THE ADDITIONAL BASIC ALLOWANCE FOR QUARTERS TO WHICH YOU WERE ENTITLED FOR THE PERIOD APRIL 11, 1951, THROUGH OCTOBER 31, 1952, $329.91, LESS $79.20, PREVIOUSLY PAID TO YOUR WIFE BY THE ALLOTMENT DIVISION, OR $250.71, WAS PAYABLE DIRECTLY TO EDYTH W. HORNER AS THE ADDITIONAL ALLOTMENT REQUIRED TO SUPPORT THE INCREASE IN QUARTERS ALLOWANCE FOR SUCH PERIOD. BY OUR SETTLEMENT OF SEPTEMBER 15, 1955, THE SUM OF $250.71 WAS ALLOWED TO MRS. HORNER AND THE SUM OF $350 WAS ALLOWED TO MRS. JONES, THE CHECK FOR THE LATTER AMOUNT HAVING BEEN RETURNED BY THE PAYEE, AS PREVIOUSLY MENTIONED.

A TABULATION OF MONTHLY ALLOTMENT PAYMENTS TO YOUR DEPENDENTS FOR THE PERIOD INVOLVED, INCLUDING THE MONTHLY PAYMENTS OF $50 WHICH JEAN B. JONES SAYS SHE RECEIVED CURRENTLY, AND THE MONTHLY AMOUNT CREDITED TO YOU AS ADDITIONAL QUARTERS ALLOWANCE AND ALLOWED AS A CORRESPONDING INCREASE IN ALLOTMENT TO MRS. HORNER BY OUR SETTLEMENT OF SEPTEMBER 15, 1955, IS SHOWN BELOW.

TABLE PERIOD ALLOTMENT ALLOTMENT TO EDYTH TOTAL

TO JEAN PAID SETTLEMENT OF ALLOTMENT

CURRENTLY 9/15/55 PAYMENTS 5/1/51 TO

$50 $77.50

$17.50 $145

8/31/51 9/1/51 TO

11/30/51 5097.50 17.50 165 12/1/51--- 50 97.50 17.50 165

THE MONTHLY RATE OF YOUR ALLOTMENT CONTRIBUTIONS AND THE RATES WHICH YOU HAVE BEEN CREDITED WITH QUARTERS ALLOWANCE ARE AS FOLLOWS:

TABLE PERIOD CONTRIBUTIONS BY ENLISTED MEN BAQ CREDITED

PAY CASH IN SETTLEMENT TOTAL CURRENTLY SETTLEMENT TOTAL

DEDUCTIONS 1954 OF 9/15/55 OF 9/15/55 5/1/51 TO

8/31/51 $77.50 $50 $17.50 $145 $67.50 $17.50 $85 9/1/51 TO 11/30/51 97.50

50 17.50 165 67.50 17.50 85 12/1/51---147.50 0 17.50 165 67.50 17.50 85

FROM THE FOREGOING, IT WILL BE SEEN THAT ON THE BASIS OF THE STATEMENTS OF BOTH YOU AND MRS. JONES THAT SHE RECEIVED ALLOTMENT PAYMENTS OF $50 A MONTH CURRENTLY FOR THE PERIOD MAY 1 TO NOVEMBER 30, 1951, THE RECORDS SHOW THAT ALLOTMENT PAYMENTS HAVE BEEN MADE TO YOUR DEPENDENTS IN THE TOTAL AMOUNT OF $145 A MONTH FOR THE PERIOD MAY 1 TO AUGUST 31, 1951, AND IN THE TOTAL AMOUNT OF $165 A MONTH FROM SEPTEMBER 1 TO NOVEMBER 30, 1951, THE AMOUNTS REQUIRED BY LAW TO SUPPORT THE CREDIT OF BASIC ALLOWANCE FOR QUARTERS FOR THREE DEPENDENTS. ALSO IT WILL BE SEEN THAT CORRESPONDING COLLECTIONS (INCLUDING THE CASH COLLECTION OF $350) HAVE BEEN MADE FROM YOU AND THAT YOU HAVE RECEIVED CREDIT FOR BASIC ALLOWANCE IN LIEU OF QUARTERS FOR THREE DEPENDENTS AT THE AUTHORIZED RATE OF $85 A MONTH FOR SUCH PERIODS. HENCE, ON THE PRESENT RECORD, THERE IS NO BASIS FOR REFUNDING THE SUM OF $350. ACCORDINGLY, THE CHECK ISSUED IN FAVOR OF MRS. JONES PURSUANT TO THE SETTLEMENT OF SEPTEMBER 15, 1955, WILL BE CANCELED.