B-130394, DEC. 10, 1957

B-130394: Dec 10, 1957

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CHESTER ZAL: REFERENCE IS MADE TO LETTERS OF OCTOBER 10. WITH FURTHER REFERENCE TO YOUR CLAIM FOR REFUND OF AMOUNTS DEDUCTED FROM YOUR ARMY PAY AS YOUR CONTRIBUTION TO FAMILY ALLOWANCE PAYMENTS WHICH WERE AUTHORIZED TO BE MADE TO YOUR FATHER IN POLAND. YOU WERE ADVISED THAT THE PAYMENTS COULD NOT BE MADE TO YOUR FATHER FOR THE REASON THAT HE RESIDES IN A BLOCKED COUNTRY. THAT THERE IS NO AUTHORITY FOR PAYMENT OF YOUR CLAIM FOR REFUND OF THE AMOUNTS DEDUCTED FROM YOUR PAY SO LONG AS YOUR FATHER IS ALIVE AND ENTITLED TO THE ALLOWANCE. YOU FURTHER WERE ADVISED THAT IF. THAT YOUR FATHER WAS NOT IN FACT DEPENDENT UPON YOU DURING THE PERIOD THE DEDUCTIONS WERE MADE AND. IN HIS PRESENT LETTER YOUR ATTORNEY STATES THAT DURING THE PERIOD THE FAMILY ALLOWANCE CHECKS WERE ISSUED YOUR FATHER WAS DEPRIVED OF ANY MEANS OF EARNING A LIVELIHOOD.

B-130394, DEC. 10, 1957

TO MR. CHESTER ZAL:

REFERENCE IS MADE TO LETTERS OF OCTOBER 10, AND DECEMBER 3, 1957, WRITTEN ON YOUR BEHALF BY ARTHUR J. MALONEY, ATTORNEY AT LAW, WITH FURTHER REFERENCE TO YOUR CLAIM FOR REFUND OF AMOUNTS DEDUCTED FROM YOUR ARMY PAY AS YOUR CONTRIBUTION TO FAMILY ALLOWANCE PAYMENTS WHICH WERE AUTHORIZED TO BE MADE TO YOUR FATHER IN POLAND.

BY OUR DECISION B-130394 DATED MARCH 22, 1957, YOU WERE ADVISED THAT THE PAYMENTS COULD NOT BE MADE TO YOUR FATHER FOR THE REASON THAT HE RESIDES IN A BLOCKED COUNTRY, AND THAT THERE IS NO AUTHORITY FOR PAYMENT OF YOUR CLAIM FOR REFUND OF THE AMOUNTS DEDUCTED FROM YOUR PAY SO LONG AS YOUR FATHER IS ALIVE AND ENTITLED TO THE ALLOWANCE. YOU FURTHER WERE ADVISED THAT IF, HOWEVER, THE DEPARTMENT OF THE ARMY SHOULD DETERMINE, UPON REEXAMINATION OF THE MATTER AT YOUR REQUEST, THAT YOUR FATHER WAS NOT IN FACT DEPENDENT UPON YOU DURING THE PERIOD THE DEDUCTIONS WERE MADE AND,HENCE, NOT ENTITLED TO THE FAMILY ALLOWANCE, FURTHER CONSIDERATION COULD BE GIVEN TO YOUR CLAIM. IN HIS PRESENT LETTER YOUR ATTORNEY STATES THAT DURING THE PERIOD THE FAMILY ALLOWANCE CHECKS WERE ISSUED YOUR FATHER WAS DEPRIVED OF ANY MEANS OF EARNING A LIVELIHOOD; THAT HE IS ABOUT 70 YEARS OF AGE, IN EXTREMELY POOR HEALTH AND UNABLE TO SUPPORT HIMSELF. YOUR ATTORNEY REQUESTS INFORMATION AS TO WHAT CAN BE DONE TO MAKE THE PAYMENTS TO YOUR FATHER OR, IF PAYMENTS CANNOT BE MADE, WHAT OTHER COURSE OF ACTION IS OPEN; ALSO, AS TO WHAT DISPOSITION WOULD BE MADE OF THE FUNDS IN THE EVENT OF YOUR FATHER'S DEATH IN POLAND.

SINCE YOUR ATTORNEY'S LETTER DOES NOT FURNISH ANY EVIDENCE OR INFORMATION NOT PREVIOUSLY CONSIDERED, IT AFFORDS NO BASIS FOR MODIFICATION OF OUR PRIOR ACTION IN THE MATTER. SO LONG AS YOUR FATHER RESIDES IN A COUNTRY TO WHICH DELIVERY OF NEGOTIABLE INSTRUMENTS IS RESTRICTED BY LAW, THE ALLOWANCE MAY NOT BE PAID TO HIM AND IN THE ABSENCE OF A DETERMINATION BY PROPER AUTHORITY THAT DEPENDENCY IN FACT DID NOT EXIST, THERE PRESENTLY IS NO BASIS FOR REFUND TO YOU OF THE AMOUNTS DEDUCTED FROM YOUR PAY. IN THE EVENT OF YOUR FATHER'S DEATH, FURTHER CONSIDERATION MAY BE GIVEN TO YOUR CLAIM.

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