B-134015, NOV. 25, 1957

B-134015: Nov 25, 1957

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REIFERT: REFERENCE IS MADE TO YOUR LETTER DATED JULY 26. PROVIDES THAT "NO MEMBER CLAIMING A DEPENDENT AS DEFINED IN THIS SUBSECTION MAY BE PAID INCREASED ALLOWANCES ON ACCOUNT OF SUCH DEPENDENT FOR ANY PERIOD DURING WHICH SUCH DEPENDENT IS ENTITLED TO RECEIVE BASIC PAY.'. IT WAS PROVIDED THAT WHEN THE SERVICE MEMBER HAS NO DEPENDENTS OTHER THAN SPOUSE IN THE MILITARY OR NAVAL SERVICE. HE IS NOT ENTITLED TO BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF THE SPOUSE. THE RECORD SHOWS THAT ON THE DATE OF YOUR DISCHARGE YOUR WIFE WAS A MEMBER OF THE UNIFORMED SERVICES. UNDER SUCH CIRCUMSTANCES AND IN VIEW OF THE CITED PROVISIONS OF LAW AND REGULATIONS YOU WERE NOT ENTITLED DURING THE PERIOD OF YOUR ACTIVE DUTY.

B-134015, NOV. 25, 1957

TO MR. WILLIAM P. REIFERT:

REFERENCE IS MADE TO YOUR LETTER DATED JULY 26, 1957, CONCERNING YOUR INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $75 FOR 60 DAYS ACCRUED LEAVE QUARTERS ALLOWANCE AT THE RATE OF $1.25 A DAY CREDITED TO YOU AT THE DATE OF YOUR DISCHARGE, MARCH 18, 1952, AS STAFF SERGEANT, UNITED STATES AIR FORCE.

SECTION 4 (C) OF THE ARMED FORCES LEAVE ACT OF 1946, AS AMENDED BY THE ACT OF AUGUST 4, 1947, 61 STAT. 748, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

"/C) ANY MEMBER OF THE ARMED FORCES DISCHARGED AFTER AUGUST 31, 1946, HAVING UNUSED ACCRUED LEAVE STANDING TO HIS CREDIT AT TIME OF DISCHARGE SHALL BE COMPENSATED FOR SUCH UNUSED LEAVE IN CASH ON THE BASIS OF THE BASE AND LONGEVITY PAY, AND ALLOWANCES, APPLICABLE TO SUCH MEMBER ON THE DATE OF DISCHARGE INCLUDING FOR ENLISTED PERSONS THE ALLOWANCES AS PROVIDED FOR SUCH ENLISTED PERSONS IN SUBSECTION (A) OF THIS SECTION * *

SECTION (A) OF THE SECTION PROVIDES FOR PAYMENT "IN THE CASE OF ENLISTED MEMBERS OF THE FIRST THREE GRADES WITH DEPENDENTS" AT THE TIME OF DISCHARGE OF AN ALLOWANCE COMPUTED AT THE RATE OF $1.25 A DAY FOR QUARTERS.

SUBSECTION (G) OF SECTION 102 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 804, DEFINES THE TERM "DEPENDENT" AS INCLUDING AT ALL TIMES AND IN ALL PLACES THE LAWFUL WIFE OF ANY MEMBER OF THE UNIFORMED SERVICES, BUT PROVIDES THAT "NO MEMBER CLAIMING A DEPENDENT AS DEFINED IN THIS SUBSECTION MAY BE PAID INCREASED ALLOWANCES ON ACCOUNT OF SUCH DEPENDENT FOR ANY PERIOD DURING WHICH SUCH DEPENDENT IS ENTITLED TO RECEIVE BASIC PAY.' ALSO IN PARAGRAPH 5 (C), AIR FORCE REGULATIONS 173-127, DATED MARCH 13, 1951, IN EFFECT ON THE DATE OF YOUR DISCHARGE, IT WAS PROVIDED THAT WHEN THE SERVICE MEMBER HAS NO DEPENDENTS OTHER THAN SPOUSE IN THE MILITARY OR NAVAL SERVICE, HE IS NOT ENTITLED TO BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF THE SPOUSE.

THE RECORD SHOWS THAT ON THE DATE OF YOUR DISCHARGE YOUR WIFE WAS A MEMBER OF THE UNIFORMED SERVICES. UNDER SUCH CIRCUMSTANCES AND IN VIEW OF THE CITED PROVISIONS OF LAW AND REGULATIONS YOU WERE NOT ENTITLED DURING THE PERIOD OF YOUR ACTIVE DUTY, INCLUDING THE DATE OF YOUR DISCHARGE, TO BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF A DEPENDENT WIFE. SINCE ON THE DATE OF YOUR DISCHARGE YOU WERE NOT ENTITLED TO SUCH ALLOWANCE, NO RIGHT TO QUARTERS ALLOWANCE AT THE RATE OF $1.25 A DAY EXISTED FOR THE 60 DAYS OF ACCRUED LEAVE. HENCE, THE CREDITING TO YOU OF SUCH QUARTERS ALLOWANCE IN THE AMOUNT OF $75 WAS ERRONEOUS AND YOU ARE INDEBTED TO THE UNITED STATES IN THAT AMOUNT.

ACCORDINGLY, YOU ARE SUGGESTED TO REMIT THE SUM OF $75 WITHIN 30 DAYS FROM THE DATE OF THIS LETTER OR WITHIN THAT TIME MAKE SUITABLE ARRANGEMENTS FOR ITS LIQUIDATION. SUCH SUM SHOULD BE REMITTED TO US BY CHECK, DRAFT, OR MONEY ORDER PAYABLE TO THE UNITED STATES GENERAL ACCOUNTING OFFICE, POST OFFICE BOX 2610, WASHINGTON 13, D.C. CORRESPONDENCE SHOULD INCLUDE REFERENCE TO CLAIM NO. Z-1563106.