B-179009, FEB 12, 1974

B-179009: Feb 12, 1974

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WIFE'S CLAIM FOR UNDELIVERED CLASS "E" ALLOTMENT CHECKS BELIEVED DUE HER INCIDENT TO DECEASED MEMBER'S SERVICE IN UNITED STATES ARMY DISALLOWED AS MEMBER'S MILITARY PAY RECORDS SHOW THAT NO DEDUCTIONS FOR SUCH FAMILY ALLOWANCE OR CLASS "E" ALLOTMENT WAS EVER AUTHORIZED BY HER LATE HUSBAND OR WITHHELD FROM HIS PAY. MARY LEE FLEMINGS: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 9. WHICH WAS FORWARDED TO THIS OFFICE FOR REPLY. THERE WAS NO FAMILY ALLOWANCE OR CLASS "E" ALLOTMENT IN EFFECT. THAT NO ALLOTMENT PAYMENTS WERE EVER RECEIVED BY YOU. THE FORMER SERVICE MEMBER WAS INDUCTED INTO THE SERVICE IN THE GRADE OF PRIVATE ON JANUARY 18. WAS DISCHARGED ON JUNE 10. A CLASS "B" UNITED STATES SAVINGS BOND ALLOTMENT WAS AUTHORIZED.

B-179009, FEB 12, 1974

WIFE'S CLAIM FOR UNDELIVERED CLASS "E" ALLOTMENT CHECKS BELIEVED DUE HER INCIDENT TO DECEASED MEMBER'S SERVICE IN UNITED STATES ARMY DISALLOWED AS MEMBER'S MILITARY PAY RECORDS SHOW THAT NO DEDUCTIONS FOR SUCH FAMILY ALLOWANCE OR CLASS "E" ALLOTMENT WAS EVER AUTHORIZED BY HER LATE HUSBAND OR WITHHELD FROM HIS PAY. CLAIMS DIVISION ACTION SUSTAINED.

TO MRS. MARY LEE FLEMINGS:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 9, 1973, ADDRESSED TO THE FINANCE CENTER, UNITED STATES ARMY, WHICH WAS FORWARDED TO THIS OFFICE FOR REPLY, CONCERNING YOUR CLAIM FOR BACK ALLOTMENT CHECKS BELIEVED TO BE DUE YOU FROM THE UNITED STATES GOVERNMENT IN THE CASE OF YOUR HUSBAND, THE LATE GILBERT FLEMINGS, INCIDENT TO HIS SERVICE AS A PRIVATE FIRST CLASS, ARMY OF THE UNITED STATES, DURING THE PERIOD JANUARY 18, 1942, TO JUNE 10, 1947.

BY SETTLEMENT OF FEBRUARY 23, 1954, COPY ENCLOSED, OUR TRANSPORTATION AND CLAIMS DIVISION DISALLOWED YOUR CLAIM FOR THE REASON THAT DURING THE PERIOD IN QUESTION, THERE WAS NO FAMILY ALLOWANCE OR CLASS "E" ALLOTMENT IN EFFECT.

YOU CONTEND THAT DURING HIS PERIOD OF SERVICE IN THE UNITED STATES ARMY, YOUR HUSBAND AUTHORIZED CERTAIN DEDUCTIONS FOR ALLOTMENTS, AND THAT NO ALLOTMENT PAYMENTS WERE EVER RECEIVED BY YOU.

ACCORDING TO THE RECORD, THE FORMER SERVICE MEMBER WAS INDUCTED INTO THE SERVICE IN THE GRADE OF PRIVATE ON JANUARY 18, 1942, AND WAS DISCHARGED ON JUNE 10, 1947. DURING THE PERIOD JULY 1, 1943, THROUGH JUNE 10, 1947, HE AUTHORIZED A CLASS "N" NATIONAL SERVICE LIFE INSURANCE ALLOTMENT AT $6.70 PER MONTH. FOR THE PERIOD OCTOBER 1944 THROUGH AUGUST 1945, AT HIS DIRECTION, A CLASS "B" UNITED STATES SAVINGS BOND ALLOTMENT WAS AUTHORIZED, AND SAVINGS BONDS WERE ISSUED IN THE SUM OF $18.75 PER MONTH TO PRIVATE GILBERT FLEMINGS OR MR. GEORGE FLEMINGS, 626 NORTH FRANKLIN STREET OF SAGINAW, MICHIGAN.

THERE IS NOTHING IN YOUR LATE HUSBAND'S MILITARY PAY RECORDS WHICH SHOWS THAT A CLASS "E" ALLOTMENT WAS EVER AUTHORIZED BY YOUR LATE HUSBAND, NOR WERE DEDUCTIONS EVER MADE THEREFOR FROM HIS PAY ENTITLEMENTS. ADDITION, AVAILABLE EVIDENCE SHOWS THAT THE SAVINGS BONDS WHICH WERE ISSUED MONTHLY AS A RESULT OF THE CLASS "B" ALLOTMENT WERE APPARENTLY RECEIVED BY THE PROPER RECIPIENTS.

ACCORDINGLY, IN VIEW OF THE ABOVE, WE REGRET THAT THERE IS NO AUTHORITY FOR PAYMENT OF YOUR CLAIM, AND THE ACTION TAKEN BY OUR TRANSPORTATION AND CLAIMS DIVISION DISALLOWING YOUR CLAIM IS SUSTAINED.