Skip to main content

B-86001/P), I-17000-143, NOV. 26, 1956

B-86001/P) Nov 26, 1956
Jump To:
Skip to Highlights

Highlights

TO THE SECRETARY OF THE AIR FORCE: REFERENCE IS MADE TO LETTER DATED SEPTEMBER 25. THE PAYMENTS WERE QUESTIONED IN A REPORT OF INVESTIGATION MADE BY OUR REPRESENTATIVES. TWO COPIES OF WHICH WERE TRANSMITTED TO YOU WITH OUR LETTER OF JUNE 18. UPON A SUBSEQUENT REVIEW OF THE MATTER IT WAS DETERMINED THAT THE RECORD. DID NOT ESTABLISH THAT THE MOTHER WAS NOT IN FACT DEPENDENT ON THE OFFICER FOR THE PERIOD MAY 1. WERE ERRONEOUS WAS AFFIRMED IN DECISION B 86001/P). BECAUSE DURING THAT PERIOD THE OFFICER'S MOTHER AND FATHER LIVED TOGETHER AND THE FATHER'S AVERAGE MONTHLY INCOME WAS MORE THAN ONE-HALF OF THE AVERAGE MONTHLY LIVING EXPENSES OF BOTH PARENTS. IS A STATEMENT EXECUTED BY THE OFFICER ON FEBRUARY 13.

View Decision

B-86001/P), I-17000-143, NOV. 26, 1956

TO THE SECRETARY OF THE AIR FORCE:

REFERENCE IS MADE TO LETTER DATED SEPTEMBER 25, 1956, WITH ENCLOSURES, FROM COLONEL HARRY D. COOK, USAF, EXECUTIVE, HEADQUARTERS, AIR FORCE FINANCE CENTER, DENVER, COLORADO, CONCERNING INCREASED RENTAL AND SUBSISTENCE ALLOWANCE PAYMENTS MADE TO COLONEL CHARLES E. PARSONS, AO 45 928, USAF, AS FOR AN OFFICER WITH A DEPENDENT MOTHER DURING THE PERIOD MAY 1, 1946, THROUGH APRIL 5, 1949.

THE PAYMENTS WERE QUESTIONED IN A REPORT OF INVESTIGATION MADE BY OUR REPRESENTATIVES, TWO COPIES OF WHICH WERE TRANSMITTED TO YOU WITH OUR LETTER OF JUNE 18, 1951. UPON A SUBSEQUENT REVIEW OF THE MATTER IT WAS DETERMINED THAT THE RECORD, AS SUPPLEMENTED BY THE FACTS AND INFORMATION DEVELOPED BY A LATER INVESTIGATION MADE BY THE AIR FORCE, DID NOT ESTABLISH THAT THE MOTHER WAS NOT IN FACT DEPENDENT ON THE OFFICER FOR THE PERIOD MAY 1, 1946, TO FEBRUARY 23, 1947. THE CONCLUSION, HOWEVER, THAT THE PAYMENTS MADE FOR THE PERIOD FEBRUARY 24, 1947, TO APRIL 6, 1949, WERE ERRONEOUS WAS AFFIRMED IN DECISION B 86001/P), I-17000-143, DATED JUNE 8, 1955, BECAUSE DURING THAT PERIOD THE OFFICER'S MOTHER AND FATHER LIVED TOGETHER AND THE FATHER'S AVERAGE MONTHLY INCOME WAS MORE THAN ONE-HALF OF THE AVERAGE MONTHLY LIVING EXPENSES OF BOTH PARENTS.

AMONG THE ENCLOSURES WITH THE LETTER OF SEPTEMBER 25, 1956, IS A STATEMENT EXECUTED BY THE OFFICER ON FEBRUARY 13, 1956. HE ARGUES, BRIEFLY, THAT THE AMOUNT OF THE FUNDS BORROWED BY HIS FATHER FOR THE PAYMENT OF LIVING EXPENSES PRIOR TO FEBRUARY 24, 1947, AND REPAID THEREAFTER, SHOULD BE DEDUCTED FROM THE FATHER'S EARNINGS AND THE FAMILY EXPENSES IN DETERMINING THE AVERAGE MONTHLY AMOUNT OF THE FAMILY INCOME AND EXPENSES FOR THE YEARS 1947, 1948 AND 1949, AND SINCE HIS CONTRIBUTION OF $160 A MONTH DURING THE PERIOD FEBRUARY 24, 1947, TO DECEMBER 31, 1948, NOT ONLY EXCEEDED THE FATHER'S AVERAGE MONTHLY INCOME AS REDUCED BUT WAS MORE THAN ONE-HALF OF THE FAMILY LIVING EXPENSES, DEPENDENCY EXISTED FOR THAT PERIOD.

COLONEL COOK REQUESTS FURTHER CONSIDERATION OF THE MATTER SAYING THAT THE INVESTIGATION CONDUCTED BY THE AIR FORCE REVEALED THE FOLLOWING:

CHART

1947 1948 1949

EXPENSES $283.00 $344.83 $246.00

INCOME 140.00 175.00 190.00

CONTRIBUTION 150.00 150.00 150.00

HE EXPLAINS THAT THE LOANS REPAID BY THE FATHER ARE INCLUDED IN THE EXPENSES; THAT THE OFFICER'S CONTRIBUTION OF $150 A MONTH WAS DETERMINED BY AVERAGING ALL CONTRIBUTIONS FROM DECEMBER 1946, THROUGH APRIL 1949; AND THAT ON THAT BASIS DEPENDENCY DID NOT EXIST FOR THE PERIOD JANUARY 1, 1948, THROUGH APRIL 5, 1949.

RESPECTING THE OFFICER'S CONTENTIONS, IT HAS BEEN HELD THE FACT THAT AN OFFICER'S CONTRIBUTION IS IN EXCESS OF THE ALLEGED DEPENDENT'S INDEPENDENT INCOME DOES NOT OF ITSELF ESTABLISH THAT THE DEPENDENT IS ACTUALLY DEPENDENT ON THE OFFICER FOR CHIEF SUPPORT, BUT IT MUST BE SHOWN THAT THE OFFICER'S CONTRIBUTION WAS REQUIRED FOR THE DEPENDENT'S NECESSARY AND PROPER SUPPORT AND CONSTITUTED THE DEPENDENTS CHIEF SUPPORT. WHITING V. UNITED STATES, 80 C.CLS. 662; ODLIN V. UNITED STATES, 74 C.CLS. 633, 638. MOREOVER, WHILE THE REPAYMENT OF FUNDS BORROWED FOR LIVING EXPENSES DURING ONE PERIOD MAY BE CONSIDERED AN EXPENSE DURING THE PERIOD REPAYMENTS ARE MADE, QUITE OBVIOUSLY THE AMOUNT OF THE REPAYMENTS MAY NOT BE TREATED AS REDUCING BOTH INCOME AND EXPENSES SO AS TO INDICATE, IN RELATION TO THE OFFICER'S CONTRIBUTIONS, A CONDITION OF DEPENDENCY WHICH OTHERWISE WOULD NOT EXIST.

UPON RECONSIDERATION OF THE MATTER WE HAVE CONCLUDED THAT THE RECORD, AS NOW SUPPLEMENTED, DOES NOT ESTABLISH THAT THE PARENTS WERE NOT IN FACT DEPENDENT ON THE OFFICER DURING THE PERIOD FEBRUARY 24 TO DECEMBER 31, 1947. CONSEQUENTLY, NO FURTHER ACTION NEED BE TAKEN TOWARD RECOVERY OF THE INCREASED ALLOWANCES PAID TO HIM FOR THAT PERIOD.

HOWEVER, RESPECTING THE INCREASED ALLOWANCE PAYMENTS MADE TO THE OFFICER FOR THE PERIOD JANUARY 1, 1948, THROUGH APRIL 5, 1949, THE RECORD SHOWS THAT THE PARENTS' AVERAGE MONTHLY INCOME WAS NOT ONLY MORE THAN ONE-HALF OF THEIR AVERAGE MONTHLY LIVING EXPENSES, BUT WAS MORE THAN THE AVERAGE MONTHLY AMOUNT OF THE OFFICER'S CONTRIBUTIONS. HENCE, IT APPEARS THAT, AS DETERMINED BY THE AIR FORCE FINANCE CENTER, NEITHER PARENT WAS IN FACT DEPENDENT ON THE OFFICER FOR CHIEF SUPPORT DURING THAT PERIOD, REGARDLESS OF THE AVERAGE MONTHLY AMOUNT OF HIS CONTRIBUTIONS.

WE WOULD APPRECIATE INFORMATION AS TO THE AMOUNTS COLLECTED BY THE DEPARTMENT OF THE AIR FORCE ON ACCOUNT OF THE IMPROPER PAYMENTS MADE TO COLONEL PARSONS.

GAO Contacts

Office of Public Affairs