B-129340, OCT. 25, 1956

B-129340, OCT. 25, 1956

TO MR. HENRY L. DELK:

REFERENCE IS MADE TO YOUR LETTERS DATED SEPTEMBER 4, 22 AND OCTOBER 1, 1956, CONCERNING YOUR CLAIM FOR AMOUNTS BELIEVED TO BE DUE YOU INCIDENT TO YOUR SERVICE IN THE ARMY DURING THE PERIOD FEBRUARY 7, 1951, TO JANUARY 22, 1953.

IT APPEARS FROM THE RECORDS THAT YOU ENTERED THE ARMY ON FEBRUARY 7, 1951, AND THAT YOU WERE DISCHARGED ON JANUARY 22, 1953. THE RECORDS AS FURNISHED BY THE DEPARTMENT OF THE ARMY SHOW THAT YOU AUTHORIZED A CLASS Q ALLOTMENT IN FAVOR OF YOUR PARENTS, MARY AND CORNELIUS DELK, EFFECTIVE MARCH 1, 1951. ON THE BASIS OF A TENTATIVE DETERMINATION OF DEPENDENCY, CLASS Q ALLOTMENT PAYMENTS IN THE AMOUNT OF $107.50 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 PARENT'S INCOME EXCEEDED 50 PERCENT OF THEIR LIVING EXPENSES. IN VIEW OF THAT DETERMINATION, YOU WERE NOT ENTITLED TO CREDIT OF BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF DEPENDENT PARENTS FOR THE PERIOD FEBRUARY 7, 1951, TO JUNE 30, 1951, THUS RESULTING IN AN OVERPAYMENT IN YOUR ACCOUNT IN THE AMOUNT OF $324, WHICH AMOUNT WAS SUBSEQUENTLY COLLECTED BY A CHECK AGE IN YOUR PAY ACCOUNT.

IN VIEW OF ADDITIONAL EVIDENCE, HOWEVER, THE DEPARTMENT OF THE ARMY ON JANUARY 16, 1953, REDETERMINED THAT YOUR PARENTS WERE DEPENDENT ON YOU FOR OVER ONE-HALF OF THEIR SUPPORT FOR THE PERIOD FEBRUARY 7, 1951, TO JULY 31, 1951. ON THAT BASIS, YOU WERE ALLOWED THE SUM OF $324, THE AMOUNT PREVIOUSLY CHECKED IN YOUR PAY ACCOUNT, PLUS $67.50, BY GENERAL ACCOUNTING OFFICE SETTLEMENTS DATED FEBRUARY 10, 1954, REPRESENTING BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF DEPENDENTS (PARENTS) FOR THE PERIOD FEBRUARY 7 TO JUNE 30, 1951, AND JULY 1 TO 31, 1951.

THE RECORDS FURTHER SHOW THAT FOLLOWING THE DISCONTINUANCE OF CLASS Q ALLOTMENT PAYMENTS TO YOUR PARENTS EFFECTIVE JULY 31, 1951, YOU RESUBMITTED AN APPLICATION DATED OCTOBER 29, 1951, UPON WHICH THE DEPARTMENT OF THE ARMY ESTABLISHED A CLASS Q ALLOTMENT IN THE AMOUNT OF $40 PER MONTH EFFECTIVE NOVEMBER 1, 1951, WHICH WAS TO BE INCREASED TO $107.50 PER MONTH IF APPROVED. THE ALLOTMENT WAS APPROVED IN THE AMOUNT OF $107.50 PER MONTH EFFECTIVE NOVEMBER 1, 1951, WITH AN ADJUSTMENT MADE FOR THE DIFFERENCE BETWEEN THE CLASS Q ALLOTMENT OF $40 AND THE $107.50 FOR THE PERIOD NOVEMBER 1951 THROUGH FEBRUARY 1952. UNDER THE PROVISIONS OF THE ACT OF MAY 19, 1952, 66 STAT. 79, EFFECTIVE MAY 1, 1952, YOUR BASIC ALLOWANCE FOR QUARTERS WAS INCREASED FROM $67.50 TO $77.10 AND THE CLASS Q ALLOTMENT WAS INCREASED FROM $107.50 TO $117.10 AND THAT ALLOTMENT WAS PAID TO YOUR MOTHER FOR THE MONTHS OF AUGUST 1952 THROUGH JANUARY 1953, THE MONTH IN WHICH YOU WERE DISCHARGED.

OUR CLAIMS DIVISION BY LETTER DATED JULY 28, 1954, FURNISHED YOU WITH A DETAILED STATEMENT OF YOUR PAY ACCOUNT SHOWING ALL AMOUNTS TO WHICH YOU WERE ENTITLED AND ALL PROPER CHARGES REQUIRED TO BE MADE AGAINST YOUR ACCOUNT. IT WAS ALSO POINTED OUT THAT YOU WERE NOT CREDITED WITH BASIC ALLOWANCE FOR QUARTERS FOR THE PERIOD AUGUST 1, 1951, THROUGH OCTOBER 28, 1951, FOR THE REASON THAT YOU DID NOT HAVE IN EFFECT A CLASS Q ALLOTMENT FOR THAT PERIOD AS REQUIRED BY LAW. BY LETTER DATED MARCH 29, 1956, OUR CLAIMS DIVISION FURNISHED YOU WITH A COMPLETE CHECK CITATION OF ALL CLASS Q ALLOTMENT CHECKS DRAWN TO THE ORDER OF YOUR MOTHER FOR THE PERIOD JULY 1951 THROUGH JANUARY 1953.

WHILE YOUR LETTERS ARE NOT CLEAR AS TO WHAT YOU ARE CLAIMING, IT DOES APPEAR THAT YOU BELIEVE YOU ARE ENTITLED TO ADDITIONAL AMOUNTS DURING THE PERIOD AUGUST 1, 1951, TO OCTOBER 28, 1951, THE PERIOD DURING WHICH CLASS Q ALLOTMENT PAYMENTS WERE DISCONTINUED.

THE PAYMENT OF BASIC ALLOWANCE 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, 63 STAT. 812, AS AMENDED BY THE DEPENDENTS ASSISTANCE ACT OF 1950, 64 STAT. 794. UNDER THE PROVISIONS OF THAT STATUTE, PAYMENT OF THE INCREASED ALLOWANCE FOR QUARTERS TO AN ENLISTED MEMBER WITH DEPENDENTS IS CONTINGENT UPON SUCH MEMBER HAVING IN EFFECT AN ALLOTMENT OF HIS PAY (CLASS Q ALLOTMENT) FOR THE SUPPORT OF THE DEPENDENT OR DEPENDENTS ON WHOSE ACCOUNT THE ALLOWANCE IS CLAIMED, SUCH ALLOTMENT TO BE IN AN AMOUNT NOT LESS THAN THE SUM OF THE BASIC ALLOWANCE FOR QUARTERS TO WHICH HE IS ENTITLED PLUS THE ADDITIONAL AMOUNT SPECIFICALLY PROVIDED BY THE STATUTE.

SECTIONS 10 AND 11 OF THAT ACT PROVIDED THAT DETERMINATIONS OF DEPENDENCY SHALL BE MADE BY THE SECRETARY OF THE DEPARTMENT CONCERNED OR SUCH 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 THAT CONNECTION, YOUR ATTENTION IS INVITED TO LETTER DATED AUGUST 24, 1956, ADDRESSED TO YOU FROM THE SETTLEMENTS OPERATION, FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, STATING, AMONG OTHER THINGS,"ENTITLEMENT DOES NOT EXIST FOR BAQ FOR PERIOD 1 AUGUST 1951 TO 28 OCTOBER 1951 AS NO CLAIM WAS ON FILE FOR THAT PERIOD PRIOR TO YOUR DISCHARGE.' IN VIEW OF THAT DETERMINATION, AND SINCE YOU DID NOT HAVE IN EFFECT A CLASS Q ALLOTMENT DURING THE PERIOD AUGUST 1 TO OCTOBER 28, 1951, THERE IS NO PROPER BASIS FOR PAYING OF BASIC ALLOWANCE OF QUARTERS TO YOU FOR THAT PERIOD. ADDITION, YOUR PAY RECORD SHOWS THAT YOU HAD IN EFFECT A CLASS E ALLOTMENT OF $30 PER MONTH FROM MARCH 1951 THROUGH JUNE 1951, AND COMMENCING DECEMBER 1951 THROUGH JANUARY 1953, YOU HAD IN EFFECT A CLASS E ALLOTMENT OF $11.48 PER MONTH. ALSO, IF YOU WILL EXAMINE THE STATEMENT OF ACCOUNT YOU WILL SEE THAT YOU WERE PROPERLY CREDITED WITH PAY AND ALLOWANCES (BASIC ALLOWANCE FOR SUBSISTANCE) WHILE YOU WERE ON AUTHORIZED LEAVE.

THE REFERENCE IN OUR CLAIMS DIVISION LETTER OF MARCH 29, 1956, THAT "CHECKS TOTALING $1,077.60 DRAWN BY H. D. LLOYD" MEANS THAT H. D. LLOYD WAS THE FINANCE OFFICER WHOSE NAME APPEARS ON THE CHECKS AND WHO WAS AUTHORIZED TO DRAW CHECKS ON THE TREASURER OF THE UNITED STATES. THE SUM OF $1,077.60 IS THE TOTAL SUM PAID TO YOUR MOTHER DURING THE PERIOD JULY 1951 THROUGH JANUARY 1953, AND HAS NOTHING TO DO WITH THE AMOUNT RECEIVED BY YOU AT THE TIME OF YOUR DISCHARGE.

ON THE BASIS OF RECORDS AVAILABLE TO US, THERE IS NO FURTHER AMOUNT DUE YOU AND THE ACTION PREVIOUSLY TAKEN IS SUSTAINED. IN THE EVENT YOU DO NOT FULLY UNDERSTAND THE CONTENTS OF THIS LETTER, IT IS SUGGESTED THAT YOU TAKE IT, TOGETHER WITH OUR CLAIMS DIVISION LETTERS OF JULY 28, 1954, AND MARCH 29, 1956, INCLUDING LETTER FROM THE FINANCE CENTER, U.S. ARMY, TO THE NEAREST RED CROSS REPRESENTATIVE OR SERVICE OFFICER OF A LOCAL VETERAN'S ORGANIZATION WHO WILL BE GLAD TO EXPLAIN THE MATTER TO YOU. THE LETTER DATED AUGUST 24, 1956, IS ENCLOSED.