B-93242, MAY 17, 1960

B-93242: May 17, 1960

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BERNARDO BITOON: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 21. THERE IS ENCLOSED A COPY OF OUR LETTER OF JUNE 16. WAS DISALLOWED. SINCE YOU DID NOT HAVE DURING THIS TIME AN ALLOTMENT OF PAY IN AN AMOUNT NOT LESS THAN THE AMOUNT OF SUCH MONETARY ALLOWANCE FOR THE SUPPORT OF YOUR WIFE. YOU WERE PAID THE MONETARY ALLOWANCE IN LIEU OF QUARTERS FOR THE MONTH OF OCTOBER 1943 BY GENERAL ACCOUNTING OFFICE SETTLEMENT DATED MARCH 17. ATTENTION IS INVITED TO THE PROVISIONS OF SECTION 8 OF THE ACT OF OCTOBER 26. HAS THE OPTION OF RECEIVING THE MONETARY ALLOWANCE IN LIEU OF QUARTERS FOR DEPENDENTS OR ELECTING NOT TO RECEIVE IT AND HAVE HIS DEPENDENTS BECOME ENTITLED TO RECEIVE FAMILY ALLOWANCES. YOU HAVE INDICATED THAT YOUR WIFE BEGAN RECEIVING FAMILY ALLOWANCE PAYMENTS SEPTEMBER 22.

B-93242, MAY 17, 1960

TO MR. BERNARDO BITOON:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 21, 1960, FORWARDED TO US BY THE UNITED STATES NAVY FINANCE CENTER, CLEVELAND 14, OHIO, RELATIVE TO YOUR CLAIM FOR MONETARY ALLOWANCE IN LIEU OF QUARTERS ON ACCOUNT OF A DEPENDENT WIFE DURING THE PERIOD OCTOBER 4, 1943, TO OCTOBER 15,1947.

THERE IS ENCLOSED A COPY OF OUR LETTER OF JUNE 16, 1950, IN WHICH YOUR CLAIM FOR THE MONETARY ALLOWANCE IN LIEU OF QUARTERS FOR THE PERIOD NOVEMBER 1, 1943, TO SEPTEMBER 22, 1945, WAS DISALLOWED, SINCE YOU DID NOT HAVE DURING THIS TIME AN ALLOTMENT OF PAY IN AN AMOUNT NOT LESS THAN THE AMOUNT OF SUCH MONETARY ALLOWANCE FOR THE SUPPORT OF YOUR WIFE. YOU WERE PAID THE MONETARY ALLOWANCE IN LIEU OF QUARTERS FOR THE MONTH OF OCTOBER 1943 BY GENERAL ACCOUNTING OFFICE SETTLEMENT DATED MARCH 17, 1948. FOR THAT PART OF YOUR CLAIM SUBSEQUENT TO SEPTEMBER 22, 1945, ATTENTION IS INVITED TO THE PROVISIONS OF SECTION 8 OF THE ACT OF OCTOBER 26, 1943, 57 STAT. 579, EFFECTIVE NOVEMBER 1, 1943, AMENDING SECTION 108 OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, 56 STAT. 381, 383, 37 U.S.C. 208 (1946 ED.), QUOTED IN OUR LETTER OF JUNE 16, 1950. THIS SECTION PROVIDED THAT AN ENLISTED MAN OF THE FIRST, SECOND, OR THIRD GRADE, HAS THE OPTION OF RECEIVING THE MONETARY ALLOWANCE IN LIEU OF QUARTERS FOR DEPENDENTS OR ELECTING NOT TO RECEIVE IT AND HAVE HIS DEPENDENTS BECOME ENTITLED TO RECEIVE FAMILY ALLOWANCES. YOU HAVE INDICATED THAT YOUR WIFE BEGAN RECEIVING FAMILY ALLOWANCE PAYMENTS SEPTEMBER 22, 1945, AND, THEREFORE, YOU WERE NOT ENTITLED TO RECEIVE THE MONETARY ALLOWANCE IN LIEU OF QUARTERS SUBSEQUENT TO THAT DATE.

SINCE YOUR LETTER FURNISHES NO EVIDENCE OR INFORMATION THAT YOU HAD AN ALLOTMENT OF PAY IN AN AMOUNT NOT LESS THAN THE AMOUNT OF THE MONETARY ALLOWANCE FOR THE SUPPORT OF YOUR WIFE DURING THE PERIOD NOVEMBER 1, 1943, TO SEPTEMBER 22, 1945, IT AFFORDS NO BASIS FOR MODIFICATION OF THE PRIOR ACTION FOR THAT PERIOD. ACCORDINGLY, THE DECISION OF JUNE 16, 1950, IS AFFIRMED.