B-86001-/S), I-17000-1143, JUN. 1, 1956

B-86001-/S): Jun 1, 1956

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TO THE SECRETARY OF THE NAVY: REFERENCE IS MADE TO LETTER DATED FEBRUARY 15. CONCERNING THE PAYMENTS OF RENTAL AND SUBSISTENCE ALLOWANCES MADE TO HIM ON THE BASIS THAT HIS MOTHER WAS IN FACT DEPENDENT UPON HIM FOR HER CHIEF SUPPORT DURING THE PERIOD FROM FEBRUARY 16. TO YOUR DEPARTMENT THERE WERE POINTED OUT THE REASONS WHY WE CONCLUDED THAT BUT APPROXIMATELY $350 OF HIS TOTAL CLAIMED CONTRIBUTIONS TO HIS MOTHER'S SUPPORT DURING THE PERIOD INVOLVED PROPERLY MAY BE CONSIDERED AS HAVING BEEN MADE FOR THAT PURPOSE. SINCE THE OFFICER'S TOTAL CONTRIBUTIONS WERE LESS THAN HIS MOTHER'S INCOME FROM OTHER SOURCES AND ALSO LESS THAN ONE-HALF OF HER LIVING EXPENSES. WE CONCLUDED THAT SHE WAS NOT DEPENDENT ON COMMANDER SWART FOR HER CHIEF SUPPORT.

B-86001-/S), I-17000-1143, JUN. 1, 1956

TO THE SECRETARY OF THE NAVY:

REFERENCE IS MADE TO LETTER DATED FEBRUARY 15, 1956, FROM THE BUREAU OF NAVAL PERSONNEL, PERS B723-MJZ, 91614/1108, SUBMITTING A COPY OF A STATEMENT DATED JUNE 20, 1952, FROM LIEUTENANT COMMANDER ELLIOTT W. SWART, USNR, CONCERNING THE PAYMENTS OF RENTAL AND SUBSISTENCE ALLOWANCES MADE TO HIM ON THE BASIS THAT HIS MOTHER WAS IN FACT DEPENDENT UPON HIM FOR HER CHIEF SUPPORT DURING THE PERIOD FROM FEBRUARY 16, 1949, THROUGH JANUARY 9, 1950.

IN OUR LETTER DATED MAY 7, 1952, I-17000-1143, TO YOUR DEPARTMENT THERE WERE POINTED OUT THE REASONS WHY WE CONCLUDED THAT BUT APPROXIMATELY $350 OF HIS TOTAL CLAIMED CONTRIBUTIONS TO HIS MOTHER'S SUPPORT DURING THE PERIOD INVOLVED PROPERLY MAY BE CONSIDERED AS HAVING BEEN MADE FOR THAT PURPOSE. SINCE THE OFFICER'S TOTAL CONTRIBUTIONS WERE LESS THAN HIS MOTHER'S INCOME FROM OTHER SOURCES AND ALSO LESS THAN ONE-HALF OF HER LIVING EXPENSES, WE CONCLUDED THAT SHE WAS NOT DEPENDENT ON COMMANDER SWART FOR HER CHIEF SUPPORT. THE COOPERATION OF YOUR DEPARTMENT WAS SOLICITED TO EFFECT RECOVERY OF SUCH IMPROPER PAYMENTS AS MAY HAVE BEEN MADE TO THE OFFICER.

COMMANDER SWART'S STATEMENT OF JUNE 20, 1952, DOES NOT INDICATE ANY BASIS FOR MODIFICATION OF OUR CONCLUSIONS IN THIS MATTER THAT THE OFFICER IMPROPERLY RECEIVED PAYMENT OF INCREASED ALLOWANCES ON ACCOUNT OF HIS MOTHER. THE RECORD SEEMS CLEAR THAT HE DID NOT PROVIDE HER CHIEF SUPPORT FOR THE PERIOD FROM FEBRUARY 16, 1949, THROUGH NOVEMBER 30, 1949, PRIOR TO THE TIME SHE TRAVELED TO PUERTO RICO TO MAKE HER HOME WITH HIM. FURTHER QUESTION WILL BE RAISED WITH REGARD TO THE PERIOD FROM DECEMBER 1, 1949, THROUGH JANUARY 9, 1950.

ACCORDINGLY, IT IS AGAIN REQUESTED THAT THE DEPARTMENT OF THE NAVY TAKE ALL NECESSARY STEPS TO RECOVER SUCH IMPROPER PAYMENTS AS WERE MADE TO THE OFFICER DURING THE PERIOD FROM FEBRUARY 16, 1949, THROUGH NOVEMBER 30, 1949. IN THAT CONNECTION ATTENTION IS INVITED TO THE PROVISIONS OF THE ACT OF JULY 15, 1954, 68 STAT. 482. IT IS UNDERSTOOD, INFORMALLY, THAT COMMANDER SWART IS STILL ON ACTIVE DUTY.