B-152511, OCT. 7, 1963

B-152511: Oct 7, 1963

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LEE: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 19. THE AMOUNTS DEDUCTED FROM YOUR PAY FOR THE MONTHS IN WHICH NO FAMILY ALLOWANCE PAYMENTS WERE MADE SHOULD BE REFUNDED. IT APPEARS THAT YOU WERE DISCHARGED FROM THE ARMY ON SEPTEMBER 20. THE RECORD SHOWS THAT THE FAMILY ALLOWANCE PAYMENTS IN QUESTION WERE AUTHORIZED ON THE BASIS OF YOUR STATEMENT THAT YOU HAD A WIFE AND FOUR CHILDREN. WERE ISSUED DURING THE PERIOD MAY 1944 THROUGH APRIL 1945 AND THAT PAYMENT OF THE PROCEEDS OF THE CHECK ISSUED IN MAY 1944 WAS MADE TO YOUR WIFE ON DECEMBER 13. THE CHECKS ISSUED DURING THE PERIOD JUNE 1944 THROUGH APRIL 1945 WERE RETURNED. FOR ANY PERIOD DURING WHICH AN ENLISTED MAN WAS IN THE ACTIVE MILITARY SERVICE OF THE UNITED STATES.

B-152511, OCT. 7, 1963

TO MR. HEN G. LEE:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 19, 1963, REQUESTING REVIEW OF SETTLEMENT DATED JANUARY 8, 1963, WHICH DISALLOWED YOUR CLAIM FOR FAMILY ALLOWANCE PAYMENTS NOT PAID TO YOUR DEPENDENTS INCIDENT TO YOUR SERVICE AS AN ENLISTED MAN IN THE REGULAR ARMY. YOU EXPRESS THE BELIEF THAT, IF THE FULL AMOUNT OF THE UNPAID FAMILY ALLOWANCE CANNOT BE PAID TO YOU, THE AMOUNTS DEDUCTED FROM YOUR PAY FOR THE MONTHS IN WHICH NO FAMILY ALLOWANCE PAYMENTS WERE MADE SHOULD BE REFUNDED.

IT APPEARS THAT YOU WERE DISCHARGED FROM THE ARMY ON SEPTEMBER 20, 1947. THE RECORD SHOWS THAT THE FAMILY ALLOWANCE PAYMENTS IN QUESTION WERE AUTHORIZED ON THE BASIS OF YOUR STATEMENT THAT YOU HAD A WIFE AND FOUR CHILDREN. ALSO, THE RECORD SHOWS THAT CHECKS FOR THE MONTHLY FAMILY ALLOWANCE, IN THE AMOUNT OF $140 EACH, WERE ISSUED DURING THE PERIOD MAY 1944 THROUGH APRIL 1945 AND THAT PAYMENT OF THE PROCEEDS OF THE CHECK ISSUED IN MAY 1944 WAS MADE TO YOUR WIFE ON DECEMBER 13, 1944. DUE TO WAR CONDITIONS, THE CHECKS ISSUED DURING THE PERIOD JUNE 1944 THROUGH APRIL 1945 WERE RETURNED.

THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, APPROVED JUNE 23, 1942, CH. 443, 56 STAT. 381, AS AMENDED BY THE ACT OF OCTOBER 26, 1943, CH. 281, 57 STAT. 577, PROVIDED THAT, FOR ANY PERIOD DURING WHICH AN ENLISTED MAN WAS IN THE ACTIVE MILITARY SERVICE OF THE UNITED STATES, HIS DEPENDENT OR DEPENDENTS SHOULD BE ENTITLED TO RECEIVE A MONTHLY FAMILY ALLOWANCE CONSISTING OF THE GOVERNMENT'S CONTRIBUTION THERETO AND A REDUCTION IN, OR CHARGE AGAINST, THE PAY OF THE ENLISTED MAN IN THE AMOUNT OF $22 PER MONTH. THE RIGHT OF "CLASS A" DEPENDENTS, SUCH AS INVOLVED HERE, TO A FAMILY ALLOWANCE VESTED IN THEM AT THE TIME APPLICATION WAS MADE THEREFOR. SINCE UNDER THE LAW FAMILY ALLOWANCE IS PAYABLE ONLY TO THE DEPENDENT OR DEPENDENTS OF AN ENLISTED MAN, YOU HAVE NO RIGHT TO THE PROCEEDS OF THE FAMILY ALLOWANCE CHECKS.

CONCERNING THE MATTER OF REFUND OF THE AMOUNTS DEDUCTED FROM YOUR ARMY PAY FOR CONTRIBUTION TO THE FAMILY ALLOWANCE, YOU ARE ADVISED THAT A RIGHT TO SUCH REFUND ACCRUED TO YOU UPON THE DEATH OF YOUR WIFE ON JUNE 19, 1945. SINCE MORE THAN 10 FULL YEARS ELAPSED BEFORE YOUR CLAIM WAS RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON OCTOBER 6, 1960, SUCH CLAIM IS BARRED FROM CONSIDERATION BY OUR OFFICE UNDER THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A.

IF, AS YOU NOW STATE, YOU HAD A WIFE BUT NO CHILD, THE AMOUNT OF THE FAMILY ALLOWANCE PAYMENT MADE TO YOUR WIFE SHOULD HAVE BEEN $50, NOT $140. THE OVERPAYMENT TO HER OF $90 WAS THE RESULT OF YOUR FALSE STATEMENT IN THIS REGARD TO THE DEPARTMENT OF THE ARMY. SEE IN THIS CONNECTION THE PROVISIONS OF LAW RELATING TO FRAUDULENT CLAIMS CONTAINED IN 28 U.S.C. 2514.