B-127871, JUL. 11, 1956

B-127871: Jul 11, 1956

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HARGIS: REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 17. A COPY OF WHICH WAS SENT TO OUR CLAIMS DIVISION BY THE DEPARTMENT OF THE AIR FORCE. THAT A CLASS Q ALLOTMENT IN THE AMOUNT OF $137.10 A MONTH IN FAVOR OF YOUR WIFE WAS DISCONTINUED BY THAT DEPARTMENT ON SEPTEMBER 30. AFTER EXAMINATION OF THE AGREEMENT THE DEPARTMENT OF THE AIR FORCE DETERMINED THAT IT WAS NOT IN FACT A SEPARATION AGREEMENT AND THAT THEREFORE. THE ALLOTMENT WAS ERRONEOUSLY DISCONTINUED. THE ALLOTMENT WAS REINSTATED IN THE AMOUNT OF $137.10 A MONTH EFFECTIVE OCTOBER 1. THERE WAS PAID TO HER AS CLASS Q ALLOTMENT FOR THAT PERIOD THE SUM OF $685.50 AND NO DEDUCTION FOR THAT AMOUNT WAS MADE FROM YOUR PAY. YOU WERE ENTITLED TO BE CREDITED WITH BASIC ALLOWANCE FOR QUARTERS FROM OCTOBER 1.

B-127871, JUL. 11, 1956

TO STAFF SERGEANT JAMES C. HARGIS:

REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 17, 1956, CONCERNING YOUR INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $300 REPRESENTING THE BALANCE DUE ON THE OVERPAYMENT OF CLASS Q ALLOTMENT TO YOUR WIFE, MARIE E. HARGIS.

IT APPEARS FROM AIR FORCE FINANCE CENTER FORM 510-105A DATED MARCH 25, 1955, ADDRESSED TO YOU AT 6825 NORTH OSCEOLA, CHICAGO, ILLINOIS, A COPY OF WHICH WAS SENT TO OUR CLAIMS DIVISION BY THE DEPARTMENT OF THE AIR FORCE, THAT A CLASS Q ALLOTMENT IN THE AMOUNT OF $137.10 A MONTH IN FAVOR OF YOUR WIFE WAS DISCONTINUED BY THAT DEPARTMENT ON SEPTEMBER 30, 1954, ON THE BASIS OF INFORMATION THAT A SEPARATION AGREEMENT BETWEEN YOU AND YOUR WIFE HAD BEEN ENTERED INTO ON SEPTEMBER 29, 1954. AFTER EXAMINATION OF THE AGREEMENT THE DEPARTMENT OF THE AIR FORCE DETERMINED THAT IT WAS NOT IN FACT A SEPARATION AGREEMENT AND THAT THEREFORE, THE ALLOTMENT WAS ERRONEOUSLY DISCONTINUED. THE ALLOTMENT WAS REINSTATED IN THE AMOUNT OF $137.10 A MONTH EFFECTIVE OCTOBER 1, 1954, IN FAVOR OF YOUR WIFE AND DISCONTINUED FEBRUARY 28, 1955, BY REASON OF YOUR DISCHARGE. THUS, THERE WAS PAID TO HER AS CLASS Q ALLOTMENT FOR THAT PERIOD THE SUM OF $685.50 AND NO DEDUCTION FOR THAT AMOUNT WAS MADE FROM YOUR PAY. ALSO, ON THE BASIS THAT YOU HAD A WIFE, YOU WERE ENTITLED TO BE CREDITED WITH BASIC ALLOWANCE FOR QUARTERS FROM OCTOBER 1, 1954, THROUGH FEBRUARY 28, 1955, AT $77.10 A MONTH, OR $385.50, LEAVING A BALANCE OF $300 FOR WHICH NO DEDUCTION WAS MADE IN YOUR PAY ACCOUNT. AFTER THE RECEIPT OF YOUR LETTER OF FEBRUARY 17, 1956, IN WHICH YOU URGE THAT THE SEPARATION AGREEMENT BE CONSTRUED AS RELIEVING YOU FROM LIABILITY FOR THAT BALANCE, IT WAS REFERRED TO THE DEPARTMENT OF THE AIR FORCE FOR CONSIDERATION. BY LETTER DATED APRIL 5, 1956, THE DEPARTMENT ADVISED US THAT THE ALLOTMENT PAID FOR THE PERIOD INVOLVED WAS CONSIDERED PROPER AND THAT THE COLLECTION OF THE $300 IS IN ORDER.

UNDER SECTIONS 10 AND 11 OF THE DEPENDENTS ASSISTANCE ACT OF 1950, 64 STAT. 796-797, THE DETERMINATION OF ALL QUESTIONS OF DEPENDENCY AND RELATIONSHIP MADE BY THE SECRETARY OF THE DEPARTMENT CONCERNED, OR SUCH PERSON OR PERSONS AS HE MAY DESIGNATE, WHICH MAY ARISE IN CONNECTION WITH PAYMENTS OF CLASS Q ALLOTMENTS TO DEPENDENTS OF ENLISTED MEMBERS ARE FINAL AND CONCLUSIVE FOR ALL PURPOSES AND ARE NOT SUBJECT TO REVIEW IN ANY COURT OR BY ANY ACCOUNTING OFFICER OF THE GOVERNMENT, EXCEPT FOR CASES INVOLVING FRAUD OR GROSS NEGLIGENCE. SINCE THE DEPARTMENT OF THE AIR FORCE HAS DETERMINED THAT PAYMENT OF THE CLASS Q ALLOTMENT WAS PROPER ON THE BASIS THAT YOU HAD A DEPENDENT WIFE DURING THE PERIOD OCTOBER 1, 1954, TO FEBRUARY 28, 1955, YOU ARE INDEBTED TO THE UNITED STATES IN THE SUM OF $300.

ACCORDINGLY, IT IS REQUESTED THAT WITHIN 30 DAYS FROM THE DATE OF THIS LETTER, YOU MAKE PAYMENT OF THE AMOUNT OF YOUR INDEBTEDNESS BY CHECK OR MONEY ORDERS MADE PAYABLE TO THE UNITED STATES GENERAL ACCOUNTING OFFICE, POST OFFICE BOX 2610, WASHINGTON 13, D.C., OR THAT WITHIN SUCH TIME YOU SUBMIT A DEFINITE PLAN FOR PAYMENT OF THE AMOUNT DUE IN REASONABLE MONTHLY INSTALLMENTS.