B-86001 (D), DEC. 15, 1961

B-86001 (D), DEC. 15, 1961

TO DONALD L. DONOHUGH, M.D.:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 18, 1961, RELATIVE TO YOUR INDEBTEDNESS TO THE UNITED STATES IN THE SUM OF $885 ARISING FROM YOUR SERVICE AS LIEUTENANT, UNITED STATES NAVY.

THE RECORD SHOWS THAT YOU CLAIMED YOUR MOTHER AS A DEPENDENT AND ON THE BASIS OF YOUR REPRESENTATIONS YOU WERE CREDITED WITH RENTAL ALLOWANCE OF $60 PER MONTH AND SUBSISTENCE ALLOWANCE OF SEVENTY CENTS A DAY ON HER ACCOUNT FOR THE PERIOD JULY 4, 1948, THROUGH MAY 30, 1949, A TOTAL OF $885. IT SUBSEQUENTLY WAS DETERMINED, HOWEVER, THAT YOU WERE NOT YOUR MOTHER'S CHIEF SUPPORT DURING THAT PERIOD. BY DECISION B-86001 (D), I- 17000, DATED APRIL 14, 1952, WE ADVISED THE SECRETARY OF THE NAVY IN PART AS FOLLOWS:

"CAREFUL CONSIDERATION HAS BEEN GIVEN TO LIEUTENANT DONOHUGH'S STATEMENTS RELATIVE TO THE VALIDITY OF HIS DEPENDENCY CLAIM, BUT NOTHING IS FOUND THEREIN TENDING TO LEND ANY SUBSTANTIAL SUPPORT TO HIS SAID CLAIM. ON THE CONTRARY, HE ADMITS THAT THE FIGURES HE GAVE TO SUBSTANTIATE HIS CLAIM FOR ADDITIONAL ALLOWANCES FOR A DEPENDENT MOTHER WERE INACCURATE AND THE ESTIMATES OF HIS CONTRIBUTIONS--- AS TO WHICH HE HAS SUBMITTED NO EVIDENCE OTHER THAN HIS UNCORROBORATED STATEMENT THAT HE SENT CASH BY MAIL AT VARIOUS TIMES--- CONSIDERABLY EXAGGERATED. IN THIS CONNECTION, HIS MOTHER STATED IN TWO INTERVIEWS WITH REPRESENTATIVES OF THE GENERAL ACCOUNTING OFFICE THAT SHE RECEIVED NO FINANCIAL AID FROM HIM EXCEPT DURING THE PERIOD FROM JUNE 1949 THROUGH NOVEMBER 1949, DURING WHICH PERIOD AN ALLOTMENT OF $100 PER MONTH IN HER FAVOR WAS IN EFFECT.'

THE RECORDS OF THIS OFFICE SHOW THAT YOU RECEIVED INCREASED ALLOWANCE ON ACCOUNT OF A DEPENDENT MOTHER FOR THE PERIOD JULY 4, 1948, THROUGH NOVEMBER 1949. SINCE YOU HAD AN ALLOTMENT OF $100 A MONTH IN EFFECT DURING THE PERIOD JUNE 1949 THROUGH NOVEMBER 1949, THE PAYMENTS OF INCREASED ALLOWANCES FOR THOSE SIX MONTHS WERE NOT QUESTIONED. FOR THE PERIOD JULY 4, 1948, THROUGH MAY 30, 1949, HOWEVER, NEITHER THE INFORMATION FURNISHED BY YOU NOR SUPPLIED BY YOUR MOTHER ESTABLISHES THAT SHE WAS IN FACT DEPENDENT UPON YOU FOR HER CHIEF SUPPORT AS THE LAW REQUIRES IN ORDER THAT SHE MAY BE CONSIDERED YOUR LAWFUL DEPENDENT. THEREFORE, THE PAYMENTS FOR THAT PERIOD WERE DETERMINED TO BE ERRONEOUS.

IN YOUR PRESENT LETTER YOU CONTEND THAT YOU WERE YOUR MOTHER'S CHIEF SUPPORT FOR THE PERIOD INVOLVED SAYING THAT THE ALLOTMENT ALONE AMOUNTED TO $600 WHEREAS HER TOTAL OUTSIDE INCOME FOR THE YEAR IN WHICH SHE FILED AN INCOME TAX REPORT HAD NOT AMOUNTED TO $500. ALSO, YOU APPARENTLY ARE UNDER THE IMPRESSION YOU WOULD NOT HAVE BEEN RELEASED FROM ACTIVE DUTY ON SEPTEMBER 30, 1952, HAD THE DEPARTMENT OF THE NAVY CONSIDERED YOU TO BE INDEBTED TO THE UNITED STATES. YOU SAY DISCHARGES ARE NOT PROCESSED UNTIL THE INDIVIDUAL HAS ABSOLVED HIMSELF OF ALL DEBTS TO THE GOVERNMENT.

WHILE IT MAY BE THAT FOR THE YEAR 1949 YOUR ALLOTMENT OF $100 PER MONTH FOR SIX MONTHS EXCEEDED YOUR MOTHER'S INCOME FROM OUTSIDE SOURCES FOR THE ENTIRE YEAR, SUCH FACT WOULD NOT ESTABLISH YOU AS HER CHIEF SUPPORT FOR THE WHOLE YEAR. AS INDICATED ABOVE, THE ALLOTMENT ESTABLISHES YOU AS YOUR MOTHER'S CHIEF SUPPORT FOR THE PERIOD IT WAS IN EFFECT, THAT IS, FROM JUNE 1949 THROUGH NOVEMBER 1949. IT DOES NOT, HOWEVER, ESTABLISH DEPENDENCY FOR ANY PRIOR PERIOD. SUCH DEPENDENCY WOULD HAVE TO BE ESTABLISHED SEPARATELY BY AFFIRMATIVE EVIDENCE SHOWING CONTRIBUTIONS IN AMOUNTS CONSTITUTING CHIEF SUPPORT FOR THAT PERIOD. OUR RECORDS DO NOT SHOW THAT THIS HAS BEEN DONE.

AT THE TIME THE INDEBTEDNESS HERE INVOLVED AROSE, COLLECTION FROM YOUR ACTIVE DUTY PAY COULD NOT HAVE BEEN ACCOMPLISHED WITHOUT YOUR CONSENT. APPARENTLY YOU DID NOT CONSENT TO COLLECTION. FURTHER, THIS OFFICE KNOWS OF NO AUTHORITY OR PRACTICE TO KEEP AN OFFICE IN THE SERVICE BEYOND NORMAL RELEASE DATE BY REASON OF AN ERRONEOUS PAYMENT HAVING OCCURRED IN HIS PAY ACCOUNT. THEREFORE, THE FACT THAT YOU WERE RELEASED FROM ACTIVE DUTY DOES NOT ESTABLISH THAT YOU WERE NOT REGARDED BY THE NAVY AS INDEBTED TO THE UNITED STATES BY REASON OF THE ERRONEOUS PAYMENTS. ON THE CONTRARY, THE RECORD SHOWS THAT ON SEVERAL OCCASIONS THE NAVY FINANCE CENTER, CLEVELAND, OHIO, REQUESTED YOUR REMITTANCE OR THE SUBMISSION OF A PLAN FOR SETTLEMENT WITHIN A REASONABLE PERIOD OF TIME. A SIMILAR REQUEST WAS MADE OF YOU BY THE CLAIMS DIVISION OF THIS OFFICE.

SINCE YOU HAVE NOT REPAID THE AMOUNT DUE NOR SUBMITTED A PLAN FOR THE LIQUIDATION OF YOUR INDEBTEDNESS WITHIN A REASONABLE TIME IT WILL BE NECESSARY TO REFER THE MATTER TO THE DEPARTMENT OF JUSTICE FOR FURTHER COLLECTION PROCEEDINGS.