B-143915, OCT. 3, 1960

B-143915: Oct 3, 1960

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HALL: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 1. YOUR CLAIM WAS ALLOWED BY CERTIFICATE OF SETTLEMENT NO. 1924250 DATED MARCH 29. WHICH AMOUNT WAS SET OFF TO PARTIALLY LIQUIDATE AN INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $696. YOUR LETTER OF AUGUST 1 WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT. APPLIED FOR AND WAS GRANTED FAMILY ALLOWANCE PAYMENTS WHICH SHE RECEIVED IN HER OWN RIGHT FROM MARCH 1946 THROUGH DECEMBER 1947. THE MONTH IN WHICH THE DIVORCE WAS GRANTED. PAYMENTS WERE ALSO MADE TO HER ON BEHALF OF THE CHILD. NOTIFICATION WAS RECEIVED BY THE FAMILY ALLOWANCE DIVISION. YOUR COMMANDING OFFICER WAS ADVISED THAT FAMILY ALLOWANCES WOULD CONTINUE FOR THE CHILD.

B-143915, OCT. 3, 1960

TO MR. GEORGE W. HALL:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 1, 1960, ADDRESSED TO HONORABLE ELIZABETH KEE (MRS. JOHN KEE), MEMBER OF CONGRESS, WHICH HAS BEEN FORWARDED TO THIS OFFICE BY THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA. YOUR LETTER MAKES REFERENCE TO YOUR CLAIM FOR $132.

YOUR CLAIM WAS ALLOWED BY CERTIFICATE OF SETTLEMENT NO. 1924250 DATED MARCH 29, 1951, IN THE AMOUNT OF $132, WHICH AMOUNT WAS SET OFF TO PARTIALLY LIQUIDATE AN INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $696, REPRESENTING OVERPAYMENTS OF FAMILY ALLOWANCE TO YOUR FORMER WIFE ON BEHALF OF HER CHILD COVERING THE PERIOD JUNE 1946 THROUGH MARCH 1948, AS DETERMINED BY THE FAMILY ALLOWANCE DIVISION, DEPARTMENT OF THE ARMY. YOUR LETTER OF AUGUST 1 WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT.

RECORDS ON FILE IN THIS OFFICE SHOW THAT FOLLOWING YOUR MARRIAGE ON JANUARY 12, 1946, YOUR WIFE, CLEMENTINE, APPLIED FOR AND WAS GRANTED FAMILY ALLOWANCE PAYMENTS WHICH SHE RECEIVED IN HER OWN RIGHT FROM MARCH 1946 THROUGH DECEMBER 1947, THE MONTH IN WHICH THE DIVORCE WAS GRANTED. PAYMENTS WERE ALSO MADE TO HER ON BEHALF OF THE CHILD, ROSE ELLA HALL, BORN IN JUNE 1946, IN THE AMOUNT OF $30 PER MONTH FROM JUNE 1, 1946, THROUGH DECEMBER 31, 1947, AND AT $42 PER MONTH FOR THE PERIOD JANUARY 1 THROUGH MARCH 31, 1948.

AT THE TIME OF YOUR DIVORCE FROM CLEMENTINE HALL IN DECEMBER 1947, NOTIFICATION WAS RECEIVED BY THE FAMILY ALLOWANCE DIVISION, DEPARTMENT OF THE ARMY, FROM YOUR COMMANDING OFFICER REQUESTING DISCONTINUANCE OF FAMILY ALLOWANCE FOR HER DUE TO THE DIVORCE GRANTED YOU. HOWEVER, BY LETTER OF JANUARY 5, 1948, YOUR COMMANDING OFFICER WAS ADVISED THAT FAMILY ALLOWANCES WOULD CONTINUE FOR THE CHILD, ROSE ELLA HALL, AND DEDUCTIONS IN THE AMOUNT OF $22 PER MONTH FROM YOUR PAY WERE TO CONTINUE.

ON JANUARY 27, 1948, THE FAMILY ALLOWANCE DIVISION WAS NOTIFIED BY YOUR COMMANDING OFFICER THAT THE DIVORCE DECREE STATED THAT YOU WOULD NOT BE RESPONSIBLE FOR SUPPORT OF THE CHILD. PENDING INVESTIGATION OF THE MATTER OF ENTITLEMENT THE ALLOWANCE PAYMENTS ON BEHALF OF ROSE ELLA HALL CONTINUED THROUGH MARCH 1948, WHEN YOUR COMMANDING OFFICER ADVISED THE ADJUSTMENT DIVISION THAT THERE WAS NO RELATIONSHIP BETWEEN YOU AND THE CHILD. UPON COMPLETION OF THE INVESTIGATION IT WAS CONCLUDED THAT THE CHILD WAS NEVER ELIGIBLE FOR THE FAMILY ALLOWANCE AND THAT AN ERRONEOUS OVERPAYMENT OF FAMILY ALLOWANCES HAD BEEN MADE ON HER BEHALF FOR THE PERIOD JUNE 1946 THROUGH MARCH 1948 IN THE AMOUNT OF $696.

YOUR CLAIM FOR REFUND OF $132 WAS BASED ON THE AMOUNT OF $22 PER MONTH DEDUCTED FROM YOUR PAY AS SOLDIER'S CONTRIBUTION TO FAMILY ALLOWANCES FOR THE 6-MONTH PERIOD JANUARY THROUGH JUNE 1948, FOLLOWING YOUR DIVORCE.

YOUR CLAIM WAS FORWARDED FOR DIRECT SETTLEMENT TO THIS OFFICE ON DECEMBER 14, 1950, UNDER CURRENT SETTLEMENT PROCEDURES. BASED ON THE STATE OF THE RECORDS AND RECOMMENDATION OF THE DEPARTMENT OF THE ARMY THE ABOVE SETTLEMENT ACTION AND THE ATTENDANT SETOFF WAS EFFECTED, LEAVING A BALANCE DUE THE UNITED STATES OF $564. SUBSEQUENTLY, ON DECEMBER 12, 1951, THE DEPARTMENT OF THE ARMY RECOMMENDED WAIVER OF THE INDEBTEDNESS OF $564 AS TO YOU UNDER AUTHORITY OF SECTION 13, DEPENDENTS ASSISTANCE ACT OF 1950, 64 STAT. 797, AND IT WAS SO WAIVED BY THIS OFFICE ON JANUARY 15, 1952.

THE DETERMINATION MADE BY THE DEPARTMENT OF THE ARMY THAT THE PAYMENTS ON THE CHILD'S BEHALF WERE ERRONEOUS APPARENTLY WAS BASED ON THE DETERMINATION THAT AN ELIGIBLE RELATIONSHIP WAS NEVER ESTABLISHED FOR THE CHILD BORN IN JUNE 1946. RETROACTIVE DISCONTINUANCE OF THE ALLOTMENT, EFFECTIVE JUNE 1, 1946, WAS MADE ON MAY 24, 1948, BASED ON THE COURT'S DECREE THAT YOU WERE NOT THE FATHER OF THE CHILD. IT HAS PREVIOUSLY BEEN DETERMINED THAT YOU WERE ENTITLED TO THE REFUND OF $132 COVERING THE PERIOD JANUARY 1 TO JUNE 30, 1948, THE SETOFF ACTION WHICH WAS TAKEN HAVING BEEN BASED ON THE RECORD THEN EXISTING AND ON AN INVESTIGATION WHICH HAD NOT BEEN COMPLETED BY THE DEPARTMENT OF THE ARMY AT THE TIME. SINCE IT DOES NOT NOW APPEAR THAT YOU ARE LIABLE FOR THE ERRONEOUS OVERPAYMENTS OF FAMILY ALLOWANCE ON BEHALF OF THE CHILD, IT IS CONCLUDED THAT NO LAWFUL BASIS EXISTS TO SUPPORT THE SETOFF ACTION HERETOFORE TAKEN.

THE MATTER IS BEING RETURNED TO OUR CLAIMS DIVISION FOR CONSIDERATION WITH INSTRUCTIONS TO ALLOW YOU THE AMOUNT CLAIMED, WHICH YOU SHOULD RECEIVE IN DUE COURSE.