B-160241, NOV. 30, 1966

B-160241, NOV. 30, 1966

TO MASTER SERGEANT GEORGE J. BAILEY, RA (RETIRED):

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 11, 1966, REQUESTING RECONSIDERATION OF OUR SETTLEMENT DATED OCTOBER 6, 1966, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF CLASS Q ALLOTMENT DEDUCTION IN THE AMOUNT OF $145, MADE ON YOUR FINAL PAY VOUCHER FOR THE PERIOD MAY 1 THROUGH 11, 1966.

IN YOUR LETTER, YOU CONTEND THAT YOU ARE DUE 11 DAYS' PAY AND THAT THE CLASS Q ALLOTMENT OF $145 DEDUCTED FROM YOUR PAY WAS IN ERROR, SINCE ON MAY 5, 1966, YOU FILED DA FORM 1341 TO DISCONTINUE THAT ALLOTMENT EFFECTIVE APRIL 30, 1966. ALTHOUGH YOU APPEAR TO UNDERSTAND THE REASON WHY NO TRAVEL ALLOWANCE WAS PAID YOU UPON RELEASE FROM ACTIVE DUTY, YOU STATED THAT BECAUSE OF THE DEDUCTION OF THE CLASS Q ALLOTMENT, YOU WERE LEFT WITH ONLY $6.36 TO USE IN TRAVELING TO YOUR HOME. IT IS YOUR CONTENTION THAT YOU ARE ENTITLED TO YOUR PAY AND ALLOWANCES FOR THE PERIOD CLAIMED WITHOUT HAVING THE ALLOTMENT DEDUCTED THEREFROM.

THE RECORD SHOWS THAT YOU WERE RELEASED FROM ACTIVE DUTY ON MAY 11, 1966, AND RETIRED ON MAY 12, 1966, AS MASTER SERGEANT. IT SHOWS FURTHER THAT YOU WERE PAID ON YOUR FINAL VOUCHER THE AMOUNT OF $6.36, WHICH REPRESENTS PAY AND ALLOWANCES DUE YOU FOR THE PERIOD MAY 1 TO 11, 1966, LESS DEDUCTIONS CONSISTING OF $145 FOR CLASS Q ALLOTMENT AND OTHER SMALL COLLECTIONS. TRAVEL ALLOWANCE WAS NOT PAID ON THE VOUCHER FOR THE REASON THAT YOU ELECTED TO SELECT YOUR HOME WITHIN THE ONE YEAR PERIOD AFTER DATE OF RETIREMENT.

YOU WERE ADVISED BY THE CHIEF OF STAFF, DEPARTMENT OF THE ARMY, BY LETTERS DATED JUNE 6 AND 30, 1966, THAT ALTHOUGH IT REGRETTED THE DELAY, AN ALLOTMENT CHECK IN THE AMOUNT OF $145, REPRESENTING CLASS Q ALLOTMENT FOR MAY 1966, MADE PAYABLE TO YOUR WIFE, WAS SENT TO HER ON JUNE 24, 1966. ALSO, THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, IN RESPONSE TO YOUR LETTER OF JULY 1, 1966, ADVISED YOU THAT THE DEDUCTION OF $145 FOR CLASS Q ALLOTMENT WAS MADE ON YOUR FINAL VOUCHER BECAUSE THE DA FORM 1341, DATED MAY 5, 1966, HAD NOT BEEN RECEIVED. THE FINANCE CENTER ADVISED YOU FURTHER THAT THE CLASS Q ALLOTMENT CHECK FOR MAY 1966 WAS MAILED TO YOUR WIFE IN ACCORDANCE WITH APPLICABLE ARMY REGULATIONS.

PARAGRAPH 20315-D (1), ARMY REGULATIONS 37-104, PROMULGATED PURSUANT TO THE PROVISIONS OF 50 U.S.C. APP. 2204 (B), PROVIDES IN PERTINENT PART THAT UPON RETIREMENT, THE CLASS Q ALLOTMENT IS TO BE DISCONTINUED AT THE END OF THE MONTH PRIOR TO THE MONTH OF SEPARATION. IT PROVIDES FURTHER, HOWEVER, THAT THE DATE OF DISCONTINUANCE MAY BE THE LAST DAY OF THE MONTH IN WHICH SEPARATION OCCURS PROVIDED PAY IS SUFFICIENT TO COVER THE DEDUCTION THROUGH THE MONTH OF SEPARATION.

THE RECORD DOES NOT SHOW THAT YOUR WIFE WAS NOT YOUR DEPENDENT QUALIFIED TO RECEIVE THE CLASS Q ALLOTMENT AT THE TIME OF YOUR RELEASE FROM ACTIVE DUTY. THEREFORE, THE CLASS Q ALLOTMENT PAYMENT FOR THE MONTH OF YOUR RELEASE FROM ACTIVE DUTY WHICH WAS SENT TO YOUR WIFE ON JUNE 24, 1966, WAS IN ACCORDANCE WITH THE APPLICABLE REGULATIONS CITED ABOVE AND THERE IS NO AUTHORITY TO REFUND THE DEDUCTION MADE FROM YOUR PAY TO COVER THAT ALLOTMENT PAYMENT.

REGULATIONS ISSUED PURSUANT TO A STATUTE HAVE THE SAME FORCE AS THE STATUTE ITSELF. SEE 27 COMP. GEN. 48-50. IN VIEW THEREOF, THE ACTION TAKEN IN SETTLEMENT DATED OCTOBER 6, 1966, WAS ..END :