B-168413, DEC. 29, 1969

B-168413: Dec 29, 1969

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ALLOTMENT AS CONDITION OF ENTITLEMENT- BASIS FOR DENIAL OF ALLOTMENT WHERE RECORD FAILS TO SHOW THAT CLASS Q ALLOTMENT WAS MADE IN FAVOR OF WIFE AND NO DEDUCTIONS WERE MADE FROM MEMBER'S PAY. WHICH PROVIDES ENTITLEMENT OF ENLISTED MEMBERS IN CERTAIN PAY GRADES TO PAYMENT OF BASIC ALLOWANCE FOR QUARTERS WHEN CLASS Q ALLOTMENT IS MADE DIRECTING THAT PORTION OF PAY BE WITHHELD FROM HIM AND PAID TO DESIGNATED DEPENDENT AND BASIC ALLOWANCE FOR QUARTERS IS NOT PAYABLE AFTER DISCHARGE UNLESS CLASS Q ALLOTMENT DEDUCTIONS WERE MADE WHILE ON ACTIVE DUTY. HARDY: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 13. YOU STATE THAT WHILE YOU WERE STATIONED AT FORT SAM HOUSTON. YOU RECEIVED NO CREDIT FOR BASIC ALLOWANCE FOR QUARTERS DURING THE PERIOD HERE INVOLVED AND NO CLASS Q ALLOTMENT DEDUCTIONS WERE MADE FROM YOUR PAY.

B-168413, DEC. 29, 1969

QUARTERS ALLOWANCE--DEPENDENTS--ALLOTMENT AS CONDITION OF ENTITLEMENT- BASIS FOR DENIAL OF ALLOTMENT WHERE RECORD FAILS TO SHOW THAT CLASS Q ALLOTMENT WAS MADE IN FAVOR OF WIFE AND NO DEDUCTIONS WERE MADE FROM MEMBER'S PAY, CLAIM FOR BASIC ALLOWANCE FOR QUARTERS MAY NOT BE PAID UNDER DEPENDENTS ASSISTANCE ACT OF 1950, 50 U.S.C. APP. 2204, WHICH PROVIDES ENTITLEMENT OF ENLISTED MEMBERS IN CERTAIN PAY GRADES TO PAYMENT OF BASIC ALLOWANCE FOR QUARTERS WHEN CLASS Q ALLOTMENT IS MADE DIRECTING THAT PORTION OF PAY BE WITHHELD FROM HIM AND PAID TO DESIGNATED DEPENDENT AND BASIC ALLOWANCE FOR QUARTERS IS NOT PAYABLE AFTER DISCHARGE UNLESS CLASS Q ALLOTMENT DEDUCTIONS WERE MADE WHILE ON ACTIVE DUTY.

TO MR. JACK R. HARDY:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 13, 1969, IN WHICH YOU REQUEST REVIEW OF THE SETTLEMENT DATED OCTOBER 6, 1969, OF OUR CLAIMS DIVISION WHICH DISALLOWED YOUR CLAIM FOR A CLASS Q ALLOTMENT FOR YOUR DEPENDENT WIFE AND TWO CHILDREN FOR THE PERIOD APRIL 6, 1967, THROUGH THE DATE OF YOUR DISCHARGE ON JANUARY 26, 1968, INCIDENT TO YOUR SERVICE WITH THE UNITED STATES ARMY.

YOU STATE THAT WHILE YOU WERE STATIONED AT FORT SAM HOUSTON, SAN ANTONIO, TEXAS, AND LATER AT LETTERMAN GENERAL HOSPITAL, SAN FRANCISCO, CALIFORNIA, PRIOR TO YOUR DISCHARGE YOU FILED A CLAIM FOR THE ALLOTMENT IN QUESTION. THE ARMY FINANCE CENTER AT INDIANAPOLIS, INDIANA, REPORTS THAT A THOROUGH SEARCH OF YOUR RECORDS HAS FAILED TO DISCLOSE ANY EVIDENCE OF SUCH A CLAIM MADE BY YOU PRIOR TO YOUR DISCHARGE FROM THE SERVICE. YOU RECEIVED NO CREDIT FOR BASIC ALLOWANCE FOR QUARTERS DURING THE PERIOD HERE INVOLVED AND NO CLASS Q ALLOTMENT DEDUCTIONS WERE MADE FROM YOUR PAY.

UNDER THE PROVISIONS OF SECTION 4 OF THE DEPENDENTS ASSISTANCE ACT OF 1950, CH. 922, 64 STAT. 795, AS AMENDED, 50 U.S.C. APP. 2204, ENLISTED MEN IN THE PAY GRADES THERE LISTED ARE ENTITLED TO PAYMENT OF THE BASIC ALLOWANCE FOR QUARTERS PROVIDED IN 37 U.S.C. 403 (A) "ONLY FOR SUCH PERIODS AS THE ENLISTED MEMBER HAS IN EFFECT AN ALLOTMENT OF PAY NOT LESS THAN THE SUM OF THE BASIC ALLOWANCE FOR QUARTERS TO WHICH HE IS ENTITLED PLUS" AN ADDITIONAL AMOUNT SPECIFIED IN THAT SECTION FOR THE SUPPORT OF HIS DEPENDENTS. SUCH ALLOTMENT (CLASS Q) IS NOT PAID BY THE MILITARY DEPARTMENT CONCERNED OUT OF APPROPRIATED FUNDS, BUT IS THE RESULT OF A VOLUNTARY ACT OF THE MEMBER IN DIRECTING THAT A PORTION OF HIS PAY BE WITHHELD FROM HIM AND PAID TO THE DESIGNATED DEPENDENT.

YOU DO NOT SAY THAT YOU MADE A CLASS Q ALLOTMENT OF YOUR PAY IN FAVOR OF YOUR WIFE, YOU MERELY STATE THAT YOU "FILED A CLAIM" FOR SUCH ALLOTMENT. IT APPEARS THAT IF YOU HAD MADE A PROPER CLASS ALLOTMENT, IT WOULD HAVE BEEN PAID TO HER, IN WHICH EVENT YOUR PAY ACCOUNT WOULD HAVE BEEN CHARGED WITH THE AMOUNT THEREOF AND YOU WOULD HAVE BEEN PAID THE BASIC ALLOWANCE FOR QUARTERS. NOTE 1, TABLE 3-2-8, DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCES ENTITLEMENTS MANUAL, PROVIDES THAT A BASIC ALLOWANCE FOR QUARTERS IS NOT PAYABLE AFTER AN ENLISTED MAN'S DISCHARGE UNLESS THE CORRESPONDING CLASS Q ALLOTMENT DEDUCTIONS FROM HIS PAY WERE MADE WHILE HE WAS ON ACTIVE DUTY.

SINCE THE RECORD DOES NOT SHOW THAT YOU MADE A CLASS Q ALLOTMENT OF YOUR PAY IN FAVOR OF YOUR WIFE, IT APPEARS THAT YOU HAVE BEEN PAID THE FULL AMOUNT WHICH OTHERWISE WOULD HAVE BEEN PAID TO HER IF YOU HAD AUTHORIZED SUCH ALLOTMENT. IN THE ABSENCE OF A CLASS Q ALLOTMENT OF PAY, YOUR CLAIM FOR BASIC ALLOWANCE FOR QUARTERS MAY NOT BE PAID.