B-127380, AUG. 29, 1956

B-127380: Aug 29, 1956

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SYDNEY: REFERENCE IS MADE TO THE LETTER DATED JULY 24. PAYMENT OF THESE ALLOWANCES WAS PREDICATED UPON YOUR REPRESENTATIONS THAT YOUR MOTHER WAS IN FACT DEPENDENT UPON YOU FOR HER CHIEF SUPPORT. AS A RESULT OF AN INVESTIGATION CONDUCTED BY OUR REPRESENTATIVES IT WAS DETERMINED THAT YOUR MOTHER WAS NOT. HAS ATTEMPTED TO SHOW THAT YOU WERE NOT ONLY THE CHIEF SUPPORT OF YOUR MOTHER. CAGLE'S LETTER IS QUITE DETAILED AND WITH THE ENCLOSED EXHIBITS PRESENTS CLEARLY THE BASIS UPON WHICH YOU CONCLUDE THAT YOU WERE ENTITLED TO THE ALLOWANCES. IT IS SHOWN THAT DURING THE PERIOD OCTOBER 1945 THROUGH SEPTEMBER 1949 YOUR MOTHER WAS EMPLOYED BY THE SOUTH CAROLINA STATE BOARD OF HEALTH WITH EARNINGS AT $100 A MONTH FROM OCTOBER 1945 THROUGH JUNE 1946.

B-127380, AUG. 29, 1956

TO MRS. MARY A. SYDNEY:

REFERENCE IS MADE TO THE LETTER DATED JULY 24, 1956, WITH ENCLOSURES, WRITTEN IN YOUR BEHALF BY MR. A. SINGLETON CAGLE, OF THE FIRM OF WOODWARD, HOBSON AND FULTON, ATTORNEYS, REGARDING YOUR INDEBTEDNESS TO THE UNITED STATES RESULTING FROM IMPROPER PAYMENTS TO YOU OF RENTAL AND INCREASED SUBSISTENCE ALLOWANCES FOR A DEPENDENT (MOTHER) INCIDENT TO YOUR SERVICE AS A COMMISSIONED OFFICER. PAYMENT OF THESE ALLOWANCES WAS PREDICATED UPON YOUR REPRESENTATIONS THAT YOUR MOTHER WAS IN FACT DEPENDENT UPON YOU FOR HER CHIEF SUPPORT.

AS A RESULT OF AN INVESTIGATION CONDUCTED BY OUR REPRESENTATIVES IT WAS DETERMINED THAT YOUR MOTHER WAS NOT, IN FACT, DEPENDENT UPON YOU FOR HER CHIEF SUPPORT.

IN HIS LETTER, MR. CAGLE HAS SET FORTH YOUR FAMILY BACKGROUND PRIOR TO YOUR MILITARY SERVICE, AND AS TO THE PERIOD UNDER CONSIDERATION HERE, HAS ATTEMPTED TO SHOW THAT YOU WERE NOT ONLY THE CHIEF SUPPORT OF YOUR MOTHER, BUT YOUR FATHER, SISTER AND BROTHERS AS WELL. MR. CAGLE'S LETTER IS QUITE DETAILED AND WITH THE ENCLOSED EXHIBITS PRESENTS CLEARLY THE BASIS UPON WHICH YOU CONCLUDE THAT YOU WERE ENTITLED TO THE ALLOWANCES.

IT IS SHOWN THAT DURING THE PERIOD OCTOBER 1945 THROUGH SEPTEMBER 1949 YOUR MOTHER WAS EMPLOYED BY THE SOUTH CAROLINA STATE BOARD OF HEALTH WITH EARNINGS AT $100 A MONTH FROM OCTOBER 1945 THROUGH JUNE 1946, AT $102 A MONTH FROM JULY 1946 THROUGH JUNE 1947, AT $127 A MONTH FROM JULY 1947 THROUGH JUNE 1948, AND AT $130 A MONTH FROM JULY 1948 THROUGH SEPTEMBER 1949, WHICH TOTAL $5,598, AND THAT THERE WAS NO OTHER INCOME TO THE FAMILY OTHER THAN YOUR ALLOTMENTS AND CONTRIBUTIONS. MR. CAGLE FURTHER CONTENDS IN YOUR BEHALF THAT YOUR CONTRIBUTIONS GREATLY EXCEEDED THIS AMOUNT, BY REASON OF AN ALLOTMENT AT $100 A MONTH FOR THE ENTIRE PERIOD AND IN ADDITION, OTHER CONTRIBUTIONS OF NECESSITIES AS WELL AS MONEY AVERAGING OVER $25 MONTHLY, AND THAT YOUR TOTAL CONTRIBUTION OVER THE PERIOD WAS IN EXCESS OF $7,375. IT IS STATED THAT ON THIS BASIS YOU NOT ONLY WERE THE CHIEF SUPPORT OF YOUR MOTHER BUT THE FAMILY AS WELL.

THE RECORDS DO NOT SUPPORT THE STATEMENTS REGARDING AN ALLOTMENT IN FAVOR OF YOUR DEPENDENT. YOUR PAY RECORDS SHOW THAT YOU FIRST INITIATED A CLASS E ALLOTMENT IN FEBRUARY 1946 AND IT WAS IN THE AMOUNT OF $25,AND NOT $100 AS INDICATED BY YOUR ATTORNEY. IT WAS NOT UNTIL OCTOBER 1947 THAT THE ALLOTMENT WAS INCREASED TO $203.27, WHICH, IT NOW APPEARS, YOUR BANK SEPARATED AND DEPOSITED $103.27 TO YOUR CREDIT AND $100 TO THE CREDIT OF YOUR MOTHER. HENCE, FOR THE PERIOD PRIOR TO OCTOBER 1947, THERE IS NO BASIS FOR RELIEVING YOU OF LIABILITY FOR REFUNDING THE ALLOWANCES RECEIVED SINCE YOUR CONTRIBUTIONS WERE CONSIDERABLY LESS THAN THE AMOUNT EARNED BY THE ALLEGED DEPENDENT, AND IT NECESSARILY FOLLOWS THAT YOU COULD NOT, IN THESE CIRCUMSTANCES, BE THE CHIEF SUPPORT OF YOUR MOTHER.

AS TO THE PERIOD FROM AND AFTER OCTOBER 1, 1947, IT IS NOW CONSIDERED THAT YOUR ALLOTMENT AND OTHER CONTRIBUTIONS TO YOUR MOTHER WERE SUFFICIENT TO CONSTITUTE YOU HER CHIEF SUPPORT WITHIN THE MEANING OF THE APPLICABLE STATUTE, AND THAT YOU ARE ENTITLED TO RETAIN THE INCREASED RENTAL AND SUBSISTENCE ALLOWANCES CREDITED TO YOU AS AN OFFICER WITH A DEPENDENT FOR THE PERIOD FROM OCTOBER 1, 1947, THROUGH SEPTEMBER 30, 1949.

ACCORDINGLY, OUR CLAIMS DIVISION WILL RECOMPUTE THE AMOUNT OF YOUR INDEBTEDNESS IN CONFORMANCE WITH THIS DECISION, AND YOU WILL BE ADVISED OF THE AMOUNT REMAINING DUE THE UNITED STATES.

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