B-139710, JUL. 10, 1959

B-139710: Jul 10, 1959

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KALLSTROM: REFERENCE IS MADE TO YOUR LETTER OF MARCH 31. CONCERNS ADDITIONAL SUMS WHICH YOU BELIEVE ARE DUE TO YOUR MOTHER. UNITED STATES NAVAL RESERVE AND IS IN EFFECT A REQUEST FOR REVIEW OF OUR SETTLEMENTS OF NOVEMBER 18. YOU STATE THAT YOU BELIEVE THAT NOT ALL OF THE PAY DUE THE DECEDENT'S ACCOUNT WAS PAID TO THE PARENTS IN COMPLIANCE WITH THE MISSING PERSONS ACT OF 1942. THE TOTAL SUM TO WHICH YOU BELIEVE THE DECEDENT WAS ENTITLED FOR THE PERIOD JULY 24. IS DUE TO THE FAILURE TO INCLUDE AVIATION PAY IN THE COMPUTATION. YOU HAVE THEREFORE CLAIMED THE SUM OF $562.28. THE OFFICIAL RECORDS SHOW THAT SEAMAN ALLEN EIDE KALLSTROM WAS OFFICIALLY REPORTED TO BE MISSING IN ACTION AS OF JULY 24.

B-139710, JUL. 10, 1959

TO MR. LYLE E. KALLSTROM:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 31, 1959, TO MR. FRED E. WAHLERS, FORWARDED TO THIS OFFICE BY A LETTER OF APRIL 29, 1959, FROM MR. JOHN J. CORCORAN, DIRECTOR, REHABILITATION COMMISSION, THE AMERICAN LEGION. YOUR LETTER OF MARCH 31, 1959, CONCERNS ADDITIONAL SUMS WHICH YOU BELIEVE ARE DUE TO YOUR MOTHER, MRS. LEAH KALLSTROM, AS SURVIVING PARENT OF YOUR DECEASED BROTHER, SEAMAN, FIRST CLASS, ALLEN E. KALLSTROM, 306 33 03, UNITED STATES NAVAL RESERVE AND IS IN EFFECT A REQUEST FOR REVIEW OF OUR SETTLEMENTS OF NOVEMBER 18, 1946, AND DECEMBER 11, 1947.

YOU STATE THAT YOU BELIEVE THAT NOT ALL OF THE PAY DUE THE DECEDENT'S ACCOUNT WAS PAID TO THE PARENTS IN COMPLIANCE WITH THE MISSING PERSONS ACT OF 1942, AS AMENDED, 50 U.S.C. APP. 1001, ET SEQ. AND THAT YOU BELIEVE THAT THE DIFFERENCE BETWEEN THE SUMS PAID TO THE SURVIVING PARENTS UNDER SETTLEMENT CERTIFICATES NO. 1445267 ($1,385.92) AND NO. 1617969 ($76.80) AND THE SUM OF $2,025.00, THE TOTAL SUM TO WHICH YOU BELIEVE THE DECEDENT WAS ENTITLED FOR THE PERIOD JULY 24, 1945, TO JULY 25, 1946, WHILE CARRIED AS MISSING IN ACTION, IS DUE TO THE FAILURE TO INCLUDE AVIATION PAY IN THE COMPUTATION. YOU HAVE THEREFORE CLAIMED THE SUM OF $562.28, MINUS ANY PROPER DEDUCTION, AS DUE TO THE DECEDENT'S MOTHER, MRS. LEAH KALLSTROM.

THE OFFICIAL RECORDS SHOW THAT SEAMAN ALLEN EIDE KALLSTROM WAS OFFICIALLY REPORTED TO BE MISSING IN ACTION AS OF JULY 24, 1945, AS THE RESULT OF COMBAT ACTION. FOR PAY AND ALLOWANCES PURPOSES, THE DEPARTMENT OF THE NAVY DETERMINED THAT HIS DEATH IS PRESUMED TO HAVE OCCURRED ON JULY 25, 1946, AND THE SURVIVING PARENTS, MR. ERIC W. KALLSTROM AND MRS. LEAH KALLSTROM, WERE PAID EQUAL PORTIONS OF THE AMOUNT OF $1,385.92 SHOWN DUE ON ACCOUNT FORWARDED TO THIS OFFICE BY THE DEPARTMENT OF THE NAVY UNDER SECTION 9 OF THE MISSING PERSONS ACT OF 1942, AS AMENDED, 50 U.S.C. APP. 1009. SUBSEQUENTLY THE PARENTS WERE ALLOWED THE ADDITIONAL SUM OF $76.80 BY OUR SETTLEMENT OF DECEMBER 26, 1947, SUCH ACTION HAVING RESULTED FROM A DETERMINATION BY THE VETERANS ADMINISTRATION THAT THE DATE OF THE ENLISTED MAN'S DEATH, FOR INSURANCE PURPOSES, WAS JULY 24, 1945, AND, HENCE, THERE WAS NOT CHARGEABLE AGAINST HIS ACCOUNT INSURANCE ALLOTMENT DEDUCTIONS AT THE MONTHLY RATE OF $6.40 FOR THE MONTHS OF JULY 1945 THROUGH JUNE 1946. THE SETTLEMENTS MADE BY THIS OFFICE WERE BASED UPON THE ACCOUNT FORWARDED TO US BY THE DEPARTMENT OF THE NAVY AND THE AMOUNT SO CERTIFIED IS CONCLUSIVE UNDER THE PROVISIONS OF SECTION 9 OF THE MISSING PERSONS ACT OF 1942, AS AMENDED, WHICH IS, IN PART, AS FOLLOWS:

"* * * DETERMINATIONS ARE AUTHORIZED TO BE MADE BY THE HEAD OF THE DEPARTMENT CONCERNED, OR BY SUCH SUBORDINATE AS HE MAY DESIGNATE, OF ENTITLEMENT OF ANY PERSON, UNDER PROVISION OF THE ACT, TO PAY AND ALLOWANCES, INCLUDING CREDITS AND CHARGES IN HIS ACCOUNT, AND ALL SUCH DETERMINATIONS SHALL BE CONCLUSIVE * * *.'

WHILE THE ADMINISTRATIVE DETERMINATION OF CREDITS AND CHARGES IN THE DECEDENT'S ACCOUNT AT THE PRESUMPTIVE DATE OF DEATH IS CONCLUSIVE, THE STATEMENT OF HIS ACCOUNT DOES NOT SHOW IN DETAIL HOW THE AMOUNT DUE WAS COMPUTED. THE ACCOUNT FURNISHED US SHOWS THAT A BALANCE DUE OF $1,233.29 WAS CARRIED FORWARD TO THE MONTH OF JULY 1946 AND FOR THE PERIOD JULY 1 TO 25, 1946, HE WAS CREDITED WITH BASE AND LONGEVITY PAY AT THE RATE OF $94.50 A MONTH, SEA AND FOREIGN SERVICE PAY AT THE MONTHLY RATE OF $18, AND AVIATION PAY AT THE MONTHLY RATE OF $56.25. ALSO, HE WAS CREDITED WITH A QUARTERLY CLOTHING ALLOWANCE AS OF JULY 1, 1946, IN THE AMOUNT OF $12. THE FOREGOING PAY RATES WERE AUTHORIZED EFFECTIVE JULY 1, 1946, BY THE ACT OF JUNE 29, 1946, 60 STAT. 343. EFFECTIVE JULY 24, 1945, THE DATE THE ENLISTED MAN WAS REPORTED TO BE MISSING IN ACTION, A SEAMAN, FIRST CLASS, WITH LESS THAN THREE YEARS OF SERVICE, WHO WAS SERVING ON FOREIGN DUTY WAS ENTITLED TO BASE AND FOREIGN SERVICE PAY OF $79.20 A MONTH. A 50 PERCENT INCREASE OR $39.60 A MONTH ADDITIONAL PAY WAS AUTHORIZED FOR AVIATION DUTY.

THE RECORDS INDICATE THAT THE DECEDENT COMPLETED THREE YEARS OF SERVICE FOR LONGEVITY PAY PURPOSES ON MARCH 29, 1946. THE BASE AND LONGEVITY PAY RATE FOR A SEAMAN, FIRST CLASS, WITH OVER THREE YEARS OF SERVICE, INCLUDING FOREIGN SERVICE PAY EFFECTIVE MARCH 30, 1946, WAS $82.50 A MONTH AND AN ADDITIONAL 50 PERCENT OR $41.25 WAS AUTHORIZED FOR AVIATION DUTY. THUS, CONTRARY TO YOUR CONTENTIONS, IT WILL BE SEEN THAT PAY AT THE RATES ON WHICH THE SIX MONTHS' DEATH GRATUITY WAS COMPUTED, WAS NOT AUTHORIZED TO BE CREDITED TO THE DECEDENT'S ACCOUNT FOR THE ENTIRE PERIOD HE WAS CARRIED IN A MISSING IN ACTION STATUS. ALSO, THE RECORD SHOWS THAT THERE WAS CHARGEABLE AGAINST THE DECEDENT'S ACCRUED PAY A MONTHLY ALLOTMENT OF $35 WHICH WAS PAID TO HIS MOTHER THROUGH JUNE 1946.

ANY FURTHER INQUIRY CONCERNING THE BASIS ON WHICH THE DECEDENT'S FINAL ACCOUNT WAS COMPUTED SHOULD BE ADDRESSED TO THE DEPARTMENT OF THE NAVY.