B-86001, I-17000-2793, JUN. 9, 1955

B-86001, I-17000-2793, JUN. 9, 1955

TO THE HONORABLE SECRETARY OF THE ARMY:

REFERENCE IS MADE TO LETTER DATED JANUARY 10, 1955, WITH ENCLOSURES, FROM THE CHIEF OF FINANCE, CONCERNING INCREASED ALLOWANCE PAYMENTS MADE TO CAPTAIN ETTA M. SMITH (SEE LOWE), ANC, N-1379, AS FOR AN OFFICER WITH A DEPENDENT MOTHER AND FATHER DURING THE PERIODS MAY 1, 1945, TO JANUARY 5, 1946, AND AUGUST 15, 1947, TO SEPTEMBER 30, 1949.

BY LETTER DATED MARCH 11, 1954, THERE WERE TRANSMITTED TO YOU THREE COPIES OF A REPORT OF INVESTIGATION MADE BY OUR REPRESENTATIVES WHICH INDICATED THAT THE PARENTS WERE NOT DEPENDENT UPON THE OFFICER FOR CHIEF SUPPORT. THE INVESTIGATION DISCLOSED THAT PRIOR TO 1946 THE OFFICER'S MOTHER AND FATHER LIVED TOGETHER IN ARKANSAS ON A FARM RENTED BY THEM. FROM 1946 THROUGH SEPTEMBER 1949, THE MOTHER AND FATHER, THEIR MARRIED DAUGHTER AND HER HUSBAND AND BABY, LIVED TOGETHER IN A RENTED HOUSE IN MEMPHIS, TENNESSEE. THE OFFICER'S MOTHER DIED IN MARCH 1951.

THE CHIEF OF FINANCE REQUESTED RECONSIDERATION OF THE MATTER IN VIEW OF INFORMATION CONTAINED IN AFFIDAVITS EXECUTED DECEMBER 7, 1954, BY THE OFFICER AND BY HER SISTERS, JUANITA LOWE EDGEWORTH AND JIMMIE PEARL BASS, AND IN AFFIDAVITS EXECUTED DECEMBER 3, 1954, BY THE OFFICER'S FATHER AND BY HER AUNT, MISS PEARL LOWE. THE OFFICER IN HER AFFIDAVIT AVERS THAT DURING MAY 1945 SHE CONTRIBUTED $85 BY CLASS "E" ALLOTMENT AND OTHER AMOUNTS. FROM JUNE 1, 1945, THROUGH JANUARY 5, 1946, SHE AVERS THAT SHE CONTRIBUTED $185 A MONTH BY CLASS"E" ALLOTMENT. THERE WAS SUBMITTED WITH THE LETTER FROM THE CHIEF OF FINANCE A PHOTOSTATIC COPY OF THE OFFICER'S AUTHORIZATION FOR A CLASS "E" ALLOTMENT IN FAVOR OF HER MOTHER AT THE RATE OF $185 A MONTH EFFECTIVE JUNE 1, 1945. SHE LIKEWISE AVERS THAT DURING THE PERIOD AUGUST 15, 1947, TO JANUARY 31, 1949, HER FATHER HAD ,TAKE HOME" PAY OF ABOUT $100 A MONTH, THAT THE EXPENSES OF HER PARENTS WERE MORE THAN DOUBLE THAT AMOUNT, AND THAT SHE MADE UP THE DIFFERENCE BY CLASS "E" ALLOTMENT AND BY CONTRIBUTIONS OF OTHER SUMS FOR DOCTOR AND HOSPITAL BILLS, AND FOR CLOTHING FOR HER MOTHER, WHO WAS IN BAD HEALTH. SHE ALSO AVERS THAT DURING THE PERIOD FEBRUARY 1 TO SEPTEMBER 30, 1949, SHE CONTRIBUTED AN AVERAGE OF $200 A MONTH, THAT HER FATHER'S GROSS WAGE WAS $40 A WEEK, WITH "TAKE HOME" PAY OF $35 TO $37 A WEEK. THE AFFIDAVITS OF THE FATHER, THE TWO SISTERS, AND THE AUNT ARE TO THE SAME GENERAL EFFECT.

SINCE THE MOTHER AND THE FATHER LIVED TOGETHER DURING THE PERIOD THE INCREASED ALLOWANCE PAYMENTS WERE MADE, THE DEPENDENCY STATUS OF THE PARENTS OR EITHER OF THEM, MUST BE DETERMINED ON THE BASIS OF THE FAMILY UNIT AND THE FAMILY INCOME MUST BE CONSIDERED AS A GENERAL FUND FOR THE SUPPORT OF BOTH PARENTS. NEITHER PARENT MAY BE CONSIDERED AS IN FACT DEPENDENT ON THE OFFICER FOR CHIEF SUPPORT WHERE THE FAMILY INCOME COVERED AT LEAST ONE-HALF OF THE LIVING EXPENSES OF THE FAMILY UNIT, OR WHERE THE OFFICER'S CONTRIBUTIONS WERE LESS THAN ONE-HALF OF SUCH LIVING EXPENSE, OR WERE LESS THAN THE OTHER FAMILY INCOME.

UPON A REVIEW OF THE MATTER RESPECTING THE PERIOD MAY 1, 1945, TO JUNE 5, 1946, IT HAS BEEN CONCLUDED THAT THE RECORD DOES NOT ESTABLISH THAT THE PARENTS WERE NOT IN FACT DEPENDENT UPON THE OFFICER FOR CHIEF SUPPORT DURING SUCH PERIOD. ACCORDINGLY, NO FURTHER ACTION TO RECOVER THE INCREASED ALLOWANCE PAYMENTS MADE TO THE OFFICER DURING THAT PERIOD IS REQUESTED.

AS TO THE PERIOD FROM AUGUST 15, 1947, TO SEPTEMBER 30, 1949, SINCE THE OFFICER CURRENTLY CERTIFIED AT VARIOUS TIMES DURING THAT PERIOD (WHILE SHE WAS COLLECTING THE ALLOWANCES) THAT SHE WAS CONTRIBUTING $85 A MONTH TO HER MOTHER (WHICH WAS LESS THAN THE FATHER'S INCOME) HER PRESENT SELF- SERVING GENERAL AVERMENTS AS TO THE AMOUNT OF HER CONTRIBUTIONS DO NOT APPEAR TO BE ACCEPTABLE TO CONTROVERT HER PRIOR CERTIFICATES, IN THE ABSENCE OF CLEAR CORROBORATING EVIDENCE OF SUCH ADDITIONAL CONTRIBUTIONS, SUCH AS CANCELED CHECKS, RECEIPTED BILLS, OR MONEY ORDER RECEIPTS. LIKEWISE, IT WILL BE OBSERVED FROM THE REPORT OF INVESTIGATION THAT THE INFORMATION AS TO THE WAGES OF THE FATHER, CONSTITUTING THE OTHER INCOME OF THE PARENTS, WAS OBTAINED BY OUR INVESTIGATORS FROM RECORDS OF HIS EMPLOYERS. HENCE, THE CONCLUSION IS REQUIRED THAT THE RECORD DOES NOT WARRANT CHANGING THE DETERMINATION IN OUR REPORT OF INVESTIGATION THAT THE PARENTS WERE NOT IN FACT DEPENDENT ON THE OFFICER FOR CHIEF SUPPORT DURING THE PERIOD AUGUST 15, 1947, TO SEPTEMBER 30, 1949. CF. ODLIN V. UNITED STATES, 74 C.CLS. 663; WHITING V. UNITED STATES, 80 ID. 662.

ACCORDINGLY, FURTHER CONSIDERATION BY THE DEPARTMENT OF THE ARMY WITH A VIEW TO RECOVERY OF THE IMPROPER PAYMENTS MADE TO CAPTAIN SMITH AND INFORMATION AS TO THE AMOUNTS COLLECTED WILL BE APPRECIATED.

THE ENCLOSURES WITH THE LETTER FROM THE CHIEF OF FINANCE ARE RETURNED.