B-86001/W), JUN. 5, 1958

B-86001/W): Jun 5, 1958

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COLORADO: REFERENCE IS MADE TO A LETTER DATED APRIL 14. ON ACCOUNT OF AN ALLEGED DEPENDENT MOTHER AND THEREAFTER COLLECTED FROM HIM ON THE BASIS OF A DETERMINATION THAT HIS MOTHER WAS NOT IN FACT DEPENDENT ON HIM FOR HER CHIEF SUPPORT. WESCOTT AGAIN OFFERS STATEMENTS INTENDED TO REBUT THE OFFICIAL RECORD AND TO SUPPORT HIS CONTENTION THAT THE AVERAGE MONTHLY LIVING EXPENSES OF HIS MOTHER WAS HIGHER THAN THAT SHOWN BY THE REPORT OF INVESTIGATION. WHICH WAS BASED ON INFORMATION FURNISHED BY HIS PARENTS IN 1950. WHICH ARE SUMMARIZED IN HIS LETTER. ARE THAT (1) THE INFORMATION PREVIOUSLY SUBMITTED BY HIS PARENTS ONLY REFERS TO THE YEAR 1949 OR 1950 (A PERIOD NOT IN ISSUE FOR HIS PRESENT CLAIM).

B-86001/W), JUN. 5, 1958

TO COMMANDER, AIR FORCE FINANCE CENTER, UNITED STATES AIR FORCE, DENVER, COLORADO:

REFERENCE IS MADE TO A LETTER DATED APRIL 14, 1958, FROM COLONEL HARRY D. COOK, USAF, SUBMITTING FOR CONSIDERATION A LETTER DATED MARCH 6, 1958, FROM FORMER MAJOR WILLIAM H. WESCOTT, AO 66 5478, RELATING TO HIS CLAIM FOR REFUND OF AMOUNTS PAID TO HIM AS INCREASED RENTAL AND SUBSISTENCE ALLOWANCES DURING THE PERIOD JULY 1, 1945, THROUGH OCTOBER 14, 1947, ON ACCOUNT OF AN ALLEGED DEPENDENT MOTHER AND THEREAFTER COLLECTED FROM HIM ON THE BASIS OF A DETERMINATION THAT HIS MOTHER WAS NOT IN FACT DEPENDENT ON HIM FOR HER CHIEF SUPPORT.

IN HIS LETTER MR. WESCOTT AGAIN OFFERS STATEMENTS INTENDED TO REBUT THE OFFICIAL RECORD AND TO SUPPORT HIS CONTENTION THAT THE AVERAGE MONTHLY LIVING EXPENSES OF HIS MOTHER WAS HIGHER THAN THAT SHOWN BY THE REPORT OF INVESTIGATION, WHICH WAS BASED ON INFORMATION FURNISHED BY HIS PARENTS IN 1950. THE BASIS OF MR. WESCOTT'S CURRENT CONTENTIONS, WHICH ARE SUMMARIZED IN HIS LETTER, ARE THAT (1) THE INFORMATION PREVIOUSLY SUBMITTED BY HIS PARENTS ONLY REFERS TO THE YEAR 1949 OR 1950 (A PERIOD NOT IN ISSUE FOR HIS PRESENT CLAIM), AND THAT (2) DURING THE PERIOD IN QUESTION HE CONTRIBUTED MORE THAN 50 PERCENT OF THEIR ACTUAL LIVING EXPENSES AND THAT THEIR INCOME (CONSISTING SOLELY OF A RAILROAD PENSION) WAS LESS THAN 50 PERCENT OF SUCH EXPENSES.

AS STATED IN OUR LETTER OF FEBRUARY 3, 1958, B-86001/W), THE REPORT OF INVESTIGATION DATED JULY 10, 1950, CONDUCTED BY OUR OFFICE, SHOWS THAT THE CLAIMANT'S MOTHER WAS INTERVIEWED AT HER HOME ON JUNE 21, 1950, IN THE PRESENCE OF HER HUSBAND. AT THAT TIME THE PARENTS ESTIMATED THEIR CURRENT MONTHLY LIVING EXPENSES TO BE $142 PER MONTH AND STATED THAT THEIR LIVING EXPENSES HAD REMAINED APPROXIMATELY THE SAME FOR SEVERAL YEARS EXCEPT FOR VARIATIONS IN FOOD AND FUEL COSTS. THE TENOR OF THEIR STATEMENTS INDICATE THAT THE UNDERSTANDING OF THE PARENTS AT THE TIME WAS THAT THE CONTRIBUTIONS MADE BY THE OFFICER DURING HIS ENTIRE PERIOD OF SERVICE WERE IN QUESTION. THEIR STATEMENT GIVEN IN CONNECTION WITH THE ENTIRE QUESTIONING REFERRED GENERALLY TO THE CONDITIONS UNDER WHICH ALL THE OFFICER'S CONTRIBUTIONS HAD BEEN RECEIVED.

THE SELF-SERVING STATEMENTS MADE BY MR. WESCOTT IN THE LATER OF MARCH 6, 1958, AS TO HIS CONTRIBUTIONS AND THE LIVING EXPENSES OF HIS PARENTS ARE NOT SUPPORTED BY ANY COMPETENT EVIDENCE. AS WE POINTED OUT IN OUR LETTER OF FEBRUARY 3, 1958, B-86001/W), IN CASES SUCH AS THIS WHERE THE EVIDENCE OF RECORD SHOWS THAT THE PARENTS OF AN OFFICER CLAIMING INCREASED ALLOWANCES FOR DEPENDENTS WERE NOT IN FACT DEPENDENT ON THE OFFICER FOR CHIEF SUPPORT, AND WHERE THE CLAIMING OFFICER LATER FURNISHES REVISED STATEMENTS AND SUPPLEMENTAL AFFIDAVITS COVERING IN WHOLE OR IN LARGE PART THE SAME PERIOD--- SUCH STATEMENTS OR AFFIDAVITS BEING MORE FAVORABLE TO THE ALLOWANCE OF THE CLAIM BECAUSE REVISED TO SHOW INCREASED CONTRIBUTIONS OR INCREASED AVERAGE LIVING EXPENSES OF THE PARENTS--- IT IS A RULE OF OUR OFFICE TO REQUIRE THE REVISED STATEMENT OR AFFIDAVITS TO BE SUPPORTED BY A DETAILED, CLEAR, AND CONVINCING EXPLANATION OF ANY DIFFERENCE BETWEEN THE FIGURES SHOWN, RESPECTIVELY, IN THE RECORD AND THE REVISED STATEMENTS. SUCH EXPLANATION MUST BE SUCH AS TO REASONABLY ESTABLISH THAT THE LATER STATEMENTS CORRECTLY REFLECT THE DEPENDENCY STATUS OF THE PARENTS DURING THE PERIOD INVOLVED. THESE REQUIREMENTS HAVE NOT YET BEEN MET IN THIS CASE.

ON THE BASIS OF THE PRESENT RECORD BEFORE OUR OFFICE MR. WESCOTT'S LETTER OF MARCH 6, 1958, MAY NOT BE ACCEPTED AS ESTABLISHING THE DEPENDENCY OF HIS PARENTS AND CONSEQUENTLY, NO REFUND SHOULD BE MADE ON ACCOUNT OF HIS PRESENT CLAIM.