B-134072, JAN. 28, 1958

B-134072: Jan 28, 1958

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MICHIGAN VETERANS TRUST FUND: REFERENCE IS MADE TO YOUR LETTER OF JULY 11. IT APPEARS FROM YOUR LETTER THAT THE FORMER SOLDIER ADMITS THAT THE ERRONEOUS PAYMENTS WERE RECEIVED BUT INSISTS THAT HE IS ENTITLED TO SUBSISTENCE (MONETARY ALLOWANCE IN LIEU OF QUARTERS) AT THE RATE OF $1.25 PER DAY FOR THE INDICATED PERIOD. FOR ANY PERIOD DURING WHICH PUBLIC QUARTERS ARE NOT PROVIDED AND AVAILABLE FOR HIS DEPENDENT. IT SHALL ALSO INCLUDE THE FATHER OR MOTHER OF THE PERSON CONCERNED PROVIDED HE OR SHE IS IN FACT DEPENDENT ON SUCH PERSON FOR HIS OR HER CHIEF SUPPORT: * * *" UNDER SECTION 10 OF THE MISSING PERSONS ACT APPROVED MARCH 7. THE AUTHORITY TO DETERMINE THE FACT OF DEPENDENCY FOR THE PAYMENT OF A QUARTERS ALLOWANCE TO ENLISTED MEN OF THE ARMY ON ACCOUNT OF DEPENDENTS WAS VESTED IN THE SECRETARY OF WAR.

B-134072, JAN. 28, 1958

TO THE BOARD OF TRUSTEES, MICHIGAN VETERANS TRUST FUND:

REFERENCE IS MADE TO YOUR LETTER OF JULY 11, 1957, WRITTEN ON BEHALF OF MR. JOHN A. GRAMMES, RELATING TO THE CLAIM ASSERTED AGAINST HIM BY OUR OFFICE IN THE AMOUNT OF $777, ARISING OUT OF THE PAYMENT TO HIS FATHER OF FAMILY ALLOWANCE DURING THE PERIOD AUGUST 1, 1943, THROUGH APRIL 30, 1945, AFTER HE HAD BEEN PROMOTED TO THE GRADE OF STAFF SERGEANT, AN INELIGIBLE GRADE FOR THE PAYMENT OF FAMILY ALLOWANCE AT THE TIME OF HIS PROMOTION. IT APPEARS FROM YOUR LETTER THAT THE FORMER SOLDIER ADMITS THAT THE ERRONEOUS PAYMENTS WERE RECEIVED BUT INSISTS THAT HE IS ENTITLED TO SUBSISTENCE (MONETARY ALLOWANCE IN LIEU OF QUARTERS) AT THE RATE OF $1.25 PER DAY FOR THE INDICATED PERIOD, AND THAT SUCH AMOUNT SHOULD BE SUBTRACTED FROM THE AMOUNT OF THE INDEBTEDNESS.

SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, IN EFFECT DURING THE PERIOD INVOLVED IN THIS CLAIM, PROVIDED THAT---

"EACH ENLISTED MAN OF THE FIRST, SECOND, OR THIRD GRADE, IN THE ACTIVE MILITARY, NAVAL, OR COAST GUARD SERVICE OF THE UNITED STATES HAVING A DEPENDENT AS DEFINED IN SECTION 4 OF THIS ACT, SHALL, UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, BE ENTITLED TO RECEIVE, FOR ANY PERIOD DURING WHICH PUBLIC QUARTERS ARE NOT PROVIDED AND AVAILABLE FOR HIS DEPENDENT, THE MONTHLY ALLOWANCE FOR QUARTERS AUTHORIZED BY LAW TO BE GRANTED TO EACH ENLISTED MAN NOT FURNISHED QUARTERS IN KIND: * * *"

SECTION 4 OF THE CITED ACT PROVIDED THAT---

"THE TERM "DEPENDENT" AS USED IN THE SUCCEEDING SECTIONS OF THIS ACT SHALL INCLUDE AT ALL TIMES AND IN ALL PLACES A LAWFUL WIFE AND UNMARRIED CHILDREN UNDER TWENTY-ONE YEARS OF AGE. IT SHALL ALSO INCLUDE THE FATHER OR MOTHER OF THE PERSON CONCERNED PROVIDED HE OR SHE IS IN FACT DEPENDENT ON SUCH PERSON FOR HIS OR HER CHIEF SUPPORT: * * *"

UNDER SECTION 10 OF THE MISSING PERSONS ACT APPROVED MARCH 7, 1942, 56 STAT. 143, 145, THE AUTHORITY TO DETERMINE THE FACT OF DEPENDENCY FOR THE PAYMENT OF A QUARTERS ALLOWANCE TO ENLISTED MEN OF THE ARMY ON ACCOUNT OF DEPENDENTS WAS VESTED IN THE SECRETARY OF WAR, OR IN HIS DESIGNATED SUBORDINATE, AND SUCH DETERMINATION IS FINAL AND CONCLUSIVE.

THERE IS NO SHOWING IN THIS CASE THAT THE CLAIMANT'S FATHER WAS IN FACT DEPENDENT ON HIM FOR CHIEF SUPPORT. AS A MATTER OF FACT, IN AN APPLICATION DATED AUGUST 11, 1943, FOR MONETARY ALLOWANCE IN LIEU OF QUARTERS, THE CLAIMANT STATED THAT DURING THE THREE FULL CALENDAR YEARS PRECEDING THE DATE OF THE APPLICATION AND DURING THAT CALENDAR YEAR HE HAD MADE NO CONTRIBUTIONS TO THE SUPPORT OF HIS FATHER. THE CLAIMANT STATED FURTHER THAT HIS FATHER LIVED ON THE INCOME FROM A TRUST FUND. IT THUS APPEARS TO BE ESTABLISHED THAT THE CLAIMANT'S FATHER WAS NOT DEPENDENT UPON HIM FOR CHIEF SUPPORT AS REQUIRED BY SECTION 4 OF THE PAY READJUSTMENT ACT OF 1942. FURTHERMORE, THERE APPEARS TO HAVE BEEN NO DETERMINATION BY THE SECRETARY OF WAR THAT HIS FATHER WAS DEPENDENT ONHIM FOR CHIEF SUPPORT AS REQUIRED BY SECTION 10 OF THE MISSING PERSONS ACT. ACCORDINGLY, THERE APPEARS TO BE NO BASIS FOR PAYMENT OF MONETARY ALLOWANCE IN LIEU OF QUARTERS DURING THE PERIOD THROUGH OCTOBER 31, 1943. NO ALLOWANCE MAY BE MADE FOR THE PERIOD BEGINNING NOVEMBER 1, 1943, FOR THE REASON THAT SECTION 8 OF THE ACT OF OCTOBER 26, 1943, 57 STAT. 579, EFFECTIVE NOVEMBER 1, 1943, AMENDING SECTION 108 OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, 56 STAT. 381, PROVIDED THAT PAYMENTS OF MONETARY ALLOWANCE IN LIEU OF QUARTERS SHOULD BE MADE ONLY FOR SUCH PERIOD AS THE ENLISTED MAN HAD IN EFFECT AN ALLOTMENT OF HIS PAY IN AN AMOUNT NOT LESS THAN THE AMOUNT OF SUCH MONETARY ALLOWANCE FOR THE SUPPORT OF THE DEPENDENTS ON WHOSE ACCOUNT THE ALLOWANCE IS CLAIMED. THERE APPEARS TO HAVE BEEN NO ALLOTMENT IN THIS CASE.

IT WILL BE SEEN THAT THERE IS NO AMOUNT ALLOWABLE BY OUR OFFICE WHICH MAY BE APPLIED ON THE OUTSTANDING INDEBTEDNESS OF $777. WE HAVE RECONSIDERED THE QUESTION OF WHETHER THE INDEBTEDNESS IS THE OBLIGATION OF MR. JOHN A. GRAMMES AND WE HAVE CONCLUDED THAT HE IS NOT INDEBTED TO THE GOVERNMENT. THE DEBT IS THE OBLIGATION OF HIS FATHER, WHO RECEIVED THE ERRONEOUS PAYMENTS. IF THE FORMER SOLDIER DESIRES TO PAY THE AMOUNT DUE, HOWEVER, HE MAY REMIT THAT AMOUNT BY CHECK OR MONEY ORDER PAYABLE TO THE "U.S. GENERAL ACCOUNTING OFFICE" DIRECTLY TO

U.S. GENERAL ACCOUNTING OFFICE

P.O. BOX 2610

WASHINGTON 13, D.C.

THE REFERENCE Z-757268 SHOULD BE SHOWN WHEN MAKING PAYMENTS OR CORRESPONDING REGARDING THIS DEBT.