B-86001, I-17000-2793, DEC. 22, 1955
Highlights
SECRETARY OF THE ARMY: REFERENCE IS MADE TO LETTER DATED AUGUST 1. THE PAYMENTS WERE QUESTIONED IN A REPORT OF INVESTIGATION. COPIES OF WHICH WERE TRANSMITTED TO YOU WITH OUR LETTER OF MARCH 11. THE CONCLUSION THAT THE PAYMENTS MADE DURING THE LATER PERIOD WERE ERRONEOUS WAS AFFIRMED IN DECISION B 86001. IT IS CONCLUDED THAT THE RECORD DOES NOT SUFFICIENTLY ESTABLISH THAT THE PARENTS WERE NOT IN FACT DEPENDENT ON MRS. PRIOR TO THE TIME HER FATHER WAS EMPLOYED BY THE NAVY YARD COMPRESS COMPANY. BEGINNING WITH THE TIME THE FATHER WAS EMPLOYED BY THE NAVY YARD COMPRESS COMPANY. THE RECORD SHOWS THAT HIS AVERAGE MONTHLY INCOME WAS MORE THAN HALF OF THE AVERAGE MONTHLY FAMILY LIVING EXPENSES.
B-86001, I-17000-2793, DEC. 22, 1955
TO HONORABLE, SECRETARY OF THE ARMY:
REFERENCE IS MADE TO LETTER DATED AUGUST 1, 1955, WITH ENCLOSURES, FROM THE CHIEF OF FINANCE, CONCERNING INCREASED RENTAL AND SUBSISTENCE ALLOWANCE PAYMENTS MADE TO MRS. ETTA M. SMITH (FORMERLY CAPTAIN ETTA M. LOWE, N-1379, ARMY NURSE CORPS), AS AN OFFICER WITH DEPENDENT PARENTS FOR THE PERIOD MAY 1, 1945, TO JANUARY 5, 1946,AND AS AN OFFICER WITH A DEPENDENT MOTHER FOR THE PERIOD AUGUST 15, 1947, TO SEPTEMBER 30, 1949.
THE PAYMENTS WERE QUESTIONED IN A REPORT OF INVESTIGATION, COPIES OF WHICH WERE TRANSMITTED TO YOU WITH OUR LETTER OF MARCH 11, 1954, AND, UPON REVIEW OF THE MATTER, THE CONCLUSION THAT THE PAYMENTS MADE DURING THE LATER PERIOD WERE ERRONEOUS WAS AFFIRMED IN DECISION B 86001, I-17000- 2793, DATED JUNE 9, 1955, BECAUSE THE DEPENDENCY STATUS OF PARENTS LIVING TOGETHER MUST BE DETERMINED ON THE BASIS OF THE FAMILY UNIT, RATHER THAN SEPARATELY, AND THE UNSUBSTANTIATED AVERMENTS OF MRS. SMITH AND MEMBERS OF HER FAMILY SUBMITTED IN RESPONSE TO DEMANDS FOR REFUND OF THE AMOUNT OF THE PAYMENTS COULD NOT BE ACCEPTED TO CONTROVERT HER PREVIOUS CERTIFICATIONS RESPECTING THE AMOUNT OF HER CONTRIBUTIONS OR THE FACTS DISCLOSED BY OUR INVESTIGATION.
THE CHIEF OF FINANCE REQUESTS FURTHER CONSIDERATION IN VIEW OF THE INFORMATION CONTAINED IN MRS. SMITH'S LETTER OF JULY 15, 1955. UPON REVIEW OF THE MATTER, IT IS CONCLUDED THAT THE RECORD DOES NOT SUFFICIENTLY ESTABLISH THAT THE PARENTS WERE NOT IN FACT DEPENDENT ON MRS. SMITH FOR CHIEF SUPPORT FROM AUGUST 15, 1947, THROUGH JANUARY 1949, PRIOR TO THE TIME HER FATHER WAS EMPLOYED BY THE NAVY YARD COMPRESS COMPANY, AND NO FURTHER ACTION NEED BE TAKEN TOWARD RECOVERY OF THE INCREASED ALLOWANCES PAID TO HER FOR THAT PERIOD.
FROM FEBRUARY 1, 1949, BEGINNING WITH THE TIME THE FATHER WAS EMPLOYED BY THE NAVY YARD COMPRESS COMPANY, HOWEVER, UNTIL SEPTEMBER 30, 1949, THE RECORD SHOWS THAT HIS AVERAGE MONTHLY INCOME WAS MORE THAN HALF OF THE AVERAGE MONTHLY FAMILY LIVING EXPENSES. IT THUS APPEARS THAT THE PARENTS WERE NOT IN FACT DEPENDENT ON MRS. SMITH FOR CHIEF SUPPORT DURING THAT PERIOD, REGARDLESS OF THE AVERAGE MONTHLY AMOUNT OF HER CONTRIBUTIONS.
WE WILL APPRECIATE INFORMATION AS TO THE AMOUNTS COLLECTED BY THE DEPARTMENT OF THE ARMY ON ACCOUNT OF THE IMPROPER PAYMENTS MADE TO MRS. SMITH FOR THE LATTER PERIOD.
THE ENCLOSURES WITH THE COMMUNICATION FROM THE CHIEF OF FINANCE ARE RETURNED.