B-39528, SEP 24, 1945

B-39528: Sep 24, 1945

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CALIFORNIA FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 17. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO CREDIT LIEUTENANT (JG). IT WAS STATED THAT YOU WERE NOT AUTHORIZED TO CREDIT THE OFFICER WITH THE ALLOWANCES CLAIMED FOR THE REASON THAT THE EVIDENCE THEN FOR CONSIDERATION SHOWED THAT THE INCOME OF THE OFFICER'S PARENTS. WAS GREATER THAN THE OFFICER'S CONTRIBUTIONS. THUS FAILING TO ESTABLISH THAT THE MOTHER WAS IN FACT DEPENDENT ON THE OFFICER FOR CHIEF SUPPORT. YOU NOW HAVE SUBMITTED TO THIS OFFICE WITH YOUR LETTER OF JULY 15. SHOWING THAT THE ALLOWANCES ARE BEING CLAIMED FOR THE PERIOD FROM DECEMBER 1. SAID VOUCHER IS SUPPORTED BY THE OFFICER'S NEW CERTIFICATE OF DEPENDENCY DATED JULY 13.

B-39528, SEP 24, 1945

PRECIS-UNAVAILABLE

LIEUTENANT COMMANDER R. L. KOESTER, SC, USN:

U.S. NAVAL ARMED GUARD CENTER (PACIFIC)

TWELFTH NAVAL DISTRICT

TREASURE ISLAND

SAN FRANCISCO, CALIFORNIA

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 17, 1944, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO CREDIT LIEUTENANT (JG)-- THEN ENSIGN-- JEREMIAL F. SULLIVAN (D)L, USNR, WITH ALLOWANCES AS FOR AN OFFICER WITH DEPENDENTS (MOTHER). IN MY DECISION OF FEBRUARY 9, 1944, TO YOU, IT WAS STATED THAT YOU WERE NOT AUTHORIZED TO CREDIT THE OFFICER WITH THE ALLOWANCES CLAIMED FOR THE REASON THAT THE EVIDENCE THEN FOR CONSIDERATION SHOWED THAT THE INCOME OF THE OFFICER'S PARENTS, EXCLUSIVE OF THE OFFICER'S CONTRIBUTIONS, WAS GREATER THAN THE OFFICER'S CONTRIBUTIONS, THUS FAILING TO ESTABLISH THAT THE MOTHER WAS IN FACT DEPENDENT ON THE OFFICER FOR CHIEF SUPPORT.

YOU NOW HAVE SUBMITTED TO THIS OFFICE WITH YOUR LETTER OF JULY 15, 1945, A VOUCHER, S. AND A. FORM 531, DATED JULY 13, 1945, AND THE OFFICER'S EXPLANATORY LETTER OF JULY 13, 1945, SHOWING THAT THE ALLOWANCES ARE BEING CLAIMED FOR THE PERIOD FROM DECEMBER 1, 1943, TO JUNE 30, 1945. SAID VOUCHER IS SUPPORTED BY THE OFFICER'S NEW CERTIFICATE OF DEPENDENCY DATED JULY 13, 1945, SHOWING THE DEPENDENCY STATUS OF THE MOTHER FOR THE PERIOD OF THE OFFICER'S CLAIM, AND BY A "SUPPLEMENTAL QUESTIONNAIRE," EXECUTED ON THE SAME DATE, SHOWING THAT THE FATHER IS DISABLED AND RECEIVED A DISABILITY BENEFIT FROM THE EQUITABLE LIFE INSURANCE COMPANY OF NEW YORK IN THE AMOUNT OF $1,200 ANNUALLY, WHICH-- IT IS STATED-- IS REQUIRED FOR THE FATHER'S OWN USE AND CARE. IN HIS LETTER OF JULY 13, LIEUTENANT SULLIVAN STATES:

"1. *** THE BASIS FOR MY NEW CLAIM, ATTACHED HERETO, FOR THE PERIOD COMMENCING 1 DECEMBER 1943 TO 30 JUNE 1945, AND THEREAFTER, UNTIL CONDITIONS OF DEPENDENCY OF MY MOTHER CHANGES, IS THAT THE FACTS OF MY PREVIOUS CLAIM WERE SUBMITTED IN ERROR.

"2. IN MY CLAIM OF JANUARY 1944, I SHOWED MY FATHER'S INCOME FROM TOTAL DISABILITY INSURANCE TO BE $1200.00 PER YEAR, BUT I DID NOT SHOW THAT THIS $1200.00 WAS NEEDED FOR HIS OWN SUPPORT AND THAT MY MOTHER DID NOT SHARE IN ANY PART OF IT. HER ONLY INCOME WAS $90.00 PER MONTH WHICH I CONTRIBUTED IN THE FOLLOWING MANNER: $60.00 PER MONTH ALLOTTED FROM MY NAVY PAY, AND $30.00 PER MONTH BY CHECK REMITTANCES FROM MYSELF. FATHER'S INCOME WAS SPENT BY HIM IN THE FOLLOWING MANNER.

$35.00 FOR RENT 40.00 FOR FOOD 10.00 FOR CLOTHING, ETC. 15.00 PARTIAL SUPPORT OF HIS

DAUGHTER,

MRS. DORTHEY BELLEFEVILLE TOTAL $100.00

THE OFFICER'S NEW CERTIFICATE OF DEPENDENCY SHOWS THAT, DURING THE PERIOD OF THIS CLAIM, THE LIVING EXPENSES ACTUALLY INCURRED BY THE MOTHER (STATEMENT 5) AMOUNTED TO FROM $90.00 TO $100.00 A MONTH, OR AN AVERAGE OF $95 A MONTH; THAT THE MOTHER'S GROSS INCOME FROM ALL SOURCES OTHER THAN THE OFFICER'S CONTRIBUTIONS (STATEMENT 4) WAS "NONE"; AND THAT THE OFFICER'S CONTRIBUTIONS (STATEMENT 3) WERE IN THE SUM OF $1,710, OR AN AVERAGE OF $90 A MONTH.

WHERE, AS HERE, THE OFFICER'S PARENTS ARE BOTH LIVING AND THE FATHER HAS A SEPARATE INCOME THE DEPENDENCY STATUS OF ONE OR THE OTHER IS FOR DETERMINATION ON THE BASIS OF THE FAMILY UNIT, AND THE FAMILY INCOME ORDINARILY MUST BE CONSIDERED AS A GENERAL FUND FOR THE SUPPORT OF BOTH PARENTS.

ON THIS BASIS, THE EVIDENCE NOW FOR CONSIDERATION SHOWS THAT THE LIVING EXPENSES OF BOTH PARENTS AMOUNT TO AN AVERAGE OF FROM ABOUT $190 TO $195 A MONTH; THAT THE FAMILY INCOME FROM ALL SOURCES OTHER THAN THE OFFICER'S CONTRIBUTIONS AMOUNT TO $100 A MONTH; AND THAT THE OFFICER'S CONTRIBUTIONS AMOUNT TO $90 A MONTH.

THE LETTER OF THE SECRETARY OF THE NAVY, L16-7(2)(OB)(S&A), DATED MARCH 1943, PRESCRIBING THE FORM OF CERTIFICATE TO BE FURNISHED BY OFFICERS IN SUPPORT OF SUCH CLAIMS FOR PERIODS COMMENCING ON OR AFTER MARCH 6, 1943, SPECIFICALLY STATES IN PARAGRAPH 1 THEREOF:

"*** THE OFFICER WILL BE CONSIDERED AS THE CHIEF SUPPORT OF HIS MOTHER (FATHER) IF A MONTHLY AVERAGE OF THE AMOUNT SHOWN UNDER THIS STATEMENT (3) OF THE CERTIFICATE EXCEEDS FIFTY PERCENT OR THE AVERAGE AMOUNT SHOWN UNDER (5), AND THE MONTHLY AMOUNT UNDER (4) IS LESS THAN FIFTY PERCENT OF THE AVERAGE AMOUNT UNDER (5). ***"

THE OFFICER'S CERTIFICATE OF DEPENDENCY AND THE OTHER EVIDENCE SUBMITTED, WHEN CONSIDERED ON THE BASIS OF THE FAMILY UNIT RULE, SHOWS THAT HIS AVERAGE MONTHLY CONTRIBUTIONS WERE LESS-- NOT MORE-- THAN 50 PERCENT OF THE AVERAGE MONTHLY LIVING EXPENSES OF THE FAMILY AND THAT THE TOTAL GROSS INCOME OF THE FAMILY FROM SOURCES OTHER THAN THE OFFICER'S CONTRIBUTIONS WAS MORE-- NOT LESS-- THAN 50 PERCENT OF THE AVERAGE MONTHLY LIVING EXPENSES OF THE FAMILY. ACCORDINGLY, IT IS NOT ESTABLISHED THAT THE OFFICER'S MOTHER WAS IN FACT DEPENDENT ON HIM FOR CHIEF SUPPORT DURING THE PERIOD FOR WHICH THE ALLOWANCES ARE CLAIMED. THEREFORE, THE DECISION OF FEBRUARY 9, 1944, B-39528, CORRECTLY CONCLUDED THAT YOU WERE NOT AUTHORIZED TO CREDIT THE OFFICER WITH THE ALLOWANCES CLAIMED AND THE EVIDENCE NOW PRESENTED AFFORDS NO PROPER BASIS FOR A DIFFERENT CONCLUSION.