B-136007, JUL. 16, 1958

B-136007: Jul 16, 1958

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

BEATRICE CURTIS: REFERENCE IS MADE TO YOUR LETTER OF APRIL 15. IT IS INDICATED IN THE LETTER OF APRIL 15. THAT YOU BELIEVE THAT THE DUPLICATE AND ERRONEOUS PAYMENTS WERE BROUGHT ABOUT BY THE ACTION OF YOUR HUSBAND. FROM WHOM YOU HAVE BEEN DIVORCED. THAT THE RESULTING INDEBTEDNESS IS NOT YOUR RESPONSIBILITY. YOU WERE ENTITLED ONLY TO ONE SUCH FAMILY ALLOWANCE PAYMENT AT THAT RATE FOR THOSE MONTHS. YOU WERE OVERPAID $250 FOR THAT PERIOD. YOU WERE ALSO PAID $50 A MONTH FAMILY ALLOWANCE AS THE WIFE OF THE SERVICEMAN FOR NOVEMBER AND DECEMBER 1942. THAT AMOUNT LIKEWISE WAS AN OVERPAYMENT SINCE YOU WERE PAID $62 A MONTH ON ACCOUNT OF YOURSELF AND MINOR CHILD FOR EACH OF THOSE MONTHS. SUCH PAYMENTS AT THE RATE OF $62 A MONTH WERE CONTINUED THROUGH OCTOBER 1943.

B-136007, JUL. 16, 1958

TO MRS. BEATRICE CURTIS:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 15, 1958, IN REPLY TO LETTER DATED APRIL 2, 1958, TO YOU FROM OUR CLAIMS DIVISION CONCERNING YOUR INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $784 FOR DUPLICATE AND ERRONEOUS PAYMENTS OF FAMILY ALLOWANCE TO YOU INCIDENT TO THE MILITARY SERVICE OF YOUR FORMER HUSBAND, WILBUR A. CURTIS, JR.

IT IS INDICATED IN THE LETTER OF APRIL 15, 1958, THAT YOU BELIEVE THAT THE DUPLICATE AND ERRONEOUS PAYMENTS WERE BROUGHT ABOUT BY THE ACTION OF YOUR HUSBAND, FROM WHOM YOU HAVE BEEN DIVORCED, AND THAT THE RESULTING INDEBTEDNESS IS NOT YOUR RESPONSIBILITY.

IT APPEARS FROM THE RECORD THAT YOU RECEIVED DUPLICATE PAYMENTS OF FAMILY ALLOWANCE AS THE WIFE OF THE SERVICEMAN AT THE RATE OF $50 A MONTH FOR THE MONTHS OF JUNE THROUGH OCTOBER 1942, OR A TOTAL OF $500. UNDER THE PROVISIONS OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, 56 STAT. 381, YOU WERE ENTITLED ONLY TO ONE SUCH FAMILY ALLOWANCE PAYMENT AT THAT RATE FOR THOSE MONTHS. HENCE, YOU WERE OVERPAID $250 FOR THAT PERIOD. YOU WERE ALSO PAID $50 A MONTH FAMILY ALLOWANCE AS THE WIFE OF THE SERVICEMAN FOR NOVEMBER AND DECEMBER 1942, OR $100. THAT AMOUNT LIKEWISE WAS AN OVERPAYMENT SINCE YOU WERE PAID $62 A MONTH ON ACCOUNT OF YOURSELF AND MINOR CHILD FOR EACH OF THOSE MONTHS, THE $62 MONTHLY PAYMENT BEING AUTHORIZED BY THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942 FOR A WIFE AND CHILD. SUCH PAYMENTS AT THE RATE OF $62 A MONTH WERE CONTINUED THROUGH OCTOBER 1943. PAYMENT, HOWEVER, FOR THE PERIOD FROM APRIL THROUGH OCTOBER 1943, IN THE SUM OF $434, WAS ERRONEOUS, THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942 PROVIDING THAT PAYMENT OF FAMILY ALLOWANCE WAS NOT AUTHORIZED TO BE PAID TO DEPENDENTS OF ENLISTED MEN IN THE FIRST THREE GRADES, AND IT APPEARING THAT THE SERVICEMAN WAS PROMOTED TO STAFF SERGEANT (THIRD PAY GRADE) ON MARCH 22, 1943. THUS, YOU RECEIVED DUPLICATE AND ERRONEOUS PAYMENTS OF FAMILY ALLOWANCE IN THE TOTAL AMOUNT OF $784 ($250 PLUS $100 PLUS $434).

AS THE RECIPIENT OF THE DUPLICATE AND ERRONEOUS FAMILY ALLOWANCE PAYMENTS, YOU ARE LEGALLY RESPONSIBLE FOR THEIR REPAYMENT TO THE GOVERNMENT AND THERE IS NO LEGAL BASIS FOR CHARGING YOUR FORMER HUSBAND WITH LIABILITY FOR SUCH PAYMENTS. 33 COMP. GEN. 309.

SINCE YOU ARE INDEBTED TO THE GOVERNMENT IN THE AMOUNT OF $784, YOU ARE REQUESTED TO REMIT THAT SUM WITHIN SIXTY DAYS FROM THE DATE OF THIS DECISION 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. ..END :