B-130394, MAR. 22, 1957

B-130394: Mar 22, 1957

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THE RECORD SHOWS THAT DEDUCTIONS OF $22 PER MONTH WERE MADE FROM DECEMBER 1944 THROUGH OCTOBER 1945 (TOTAL $242). AS YOUR CONTRIBUTION TO FAMILY ALLOWANCE PAYMENTS WHICH WERE AUTHORIZED TO BE MADE TO YOUR DEPENDENT IN POLAND PURSUANT TO SECTION 101 OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942. A COUNTRY TO WHICH DELIVERY OF NEGOTIABLE INSTRUMENTS WAS RESTRICTED BY LAW (ACT OF OCTOBER 1940. THE CHECKS WERE FORWARDED TO THE TREASURY DEPARTMENT AND PLACED IN A SPECIAL DEPOSIT ACCOUNT TO BE HELD FOR YOUR DEPENDENT. THERE IS NOTHING IN THE SAID ACT OF OCTOBER 9. PROVIDED THAT FOR ANY PERIOD DURING WHICH ANY ENLISTED MAN IS IN THE ACTIVE MILITARY SERVICE OF THE UNITED STATES. UNDER THE LAW IT WAS THE DEPENDENT OR DEPENDENTS OF THE ENLISTED MAN.

B-130394, MAR. 22, 1957

TO MR. CHESTER ZAL:

THERE HAS BEEN RECEIVED IN YOUR BEHALF A LETTER DATED NOVEMBER 9, 1956, FROM ARTHUR J. MALONEY, ATTORNEY AT LAW, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF OCTOBER 17, 1956, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF AMOUNTS DEDUCTED FROM YOUR PAY WHILE SERVING AS AN ENLISTED MAN, ARMY OF THE UNITED STATES.

THE RECORD SHOWS THAT DEDUCTIONS OF $22 PER MONTH WERE MADE FROM DECEMBER 1944 THROUGH OCTOBER 1945 (TOTAL $242), AS YOUR CONTRIBUTION TO FAMILY ALLOWANCE PAYMENTS WHICH WERE AUTHORIZED TO BE MADE TO YOUR DEPENDENT IN POLAND PURSUANT TO SECTION 101 OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, 56 STAT. 381, AS AMENDED BY THE ACT OF OCTOBER 26, 1943, 57 STAT. 577. DURING THAT PERIOD THE WAR DEPARTMENT (NOW DEPARTMENT OF THE ARMY) ISSUED FAMILY ALLOWANCE CHECKS IN THE SUM OF $37 PER MONTH IN FAVOR OF YOUR FATHER, PETER ZAL. SINCE YOUR FATHER RESIDED IN POLAND, A COUNTRY TO WHICH DELIVERY OF NEGOTIABLE INSTRUMENTS WAS RESTRICTED BY LAW (ACT OF OCTOBER 1940, 54 STAT. 1086), THE CHECKS WERE FORWARDED TO THE TREASURY DEPARTMENT AND PLACED IN A SPECIAL DEPOSIT ACCOUNT TO BE HELD FOR YOUR DEPENDENT. THERE IS NOTHING IN THE SAID ACT OF OCTOBER 9, 1940, NOR ADMINISTRATIVE REGULATIONS ISSUED THEREUNDER, HOWEVER, THAT WOULD PERMIT WITHDRAWAL OF THE AMOUNT OF SUCH CHECKS FROM THAT ACCOUNT FOR THE PURPOSE OF PAYING TO YOU YOUR CONTRIBUTION TO THE FAMILY ALLOWANCE.

THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, 56 STAT. 381, AS AMENDED BY THE ACT OF OCTOBER 26, 1943, 57 STAT. 577, PROVIDED THAT FOR ANY PERIOD DURING WHICH ANY ENLISTED MAN IS IN THE ACTIVE MILITARY SERVICE OF THE UNITED STATES, HIS DEPENDENT OR DEPENDENTS SHOULD BE ENTITLED TO RECEIVE A MONTHLY FAMILY ALLOWANCE CONSISTING OF THE GOVERNMENT'S CONTRIBUTION AND A REDUCTION IN, OR CHARGE AGAINST, THE PAY OF THE ENLISTED MAN IN THE AMOUNT OF $22 A MONTH. UNDER THE LAW IT WAS THE DEPENDENT OR DEPENDENTS OF THE ENLISTED MAN, AND NOT THE ENLISTED MAN HIMSELF, WHO WERE ENTITLED TO THE FAMILY ALLOWANCE PAYMENTS. HENCE, SINCE IT IS THE DEPENDENTS WHO HAVE A RIGHT TO THE FULL AMOUNT OF THE FAMILY ALLOWANCE PAYMENTS, THERE IS NO AUTHORITY FOR THE REFUND TO YOU OF THE AMOUNTS DEDUCTED FROM YOUR PAY AS YOUR CONTRIBUTION, SO LONG AS IT APPEARS THAT YOUR DEPENDENT MAY BE ALIVE AND ENTITLED TO THE ALLOWANCE. TO THE EXTENT THAT THE SETTLEMENT OF OCTOBER 17, 1956, INDICATED THAT ANY CLAIM FOR THE FAMILY ALLOWANCE WHICH MIGHT BE FILED BY YOUR DEPENDENT, SHOULD HE RELOCATE SOMEWHERE OTHER THAN IN A BLOCKED COUNTRY, WOULD NOW BE BARRED BY A TEN-YEAR STATUTE OF LIMITATIONS (ACT OF OCTOBER 9, 1940, 54 STAT. 1061), THE SETTLEMENT WAS INCORRECT.

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 ALLOWANCES, WE COULD THEN GIVE FURTHER CONSIDERATION TO YOUR CLAIM FOR REFUND OF THE AMOUNT DEDUCTED FROM YOUR PAY.

ON THE BASIS OF THE PRESENT RECORD, THERE APPEARS TO BE NO AUTHORITY OF LAW FOR REFUND TO YOU OF THE AMOUNTS OF YOUR CONTRIBUTION TO THE FAMILY ALLOWANCE FOR THE PERIOD DECEMBER 1944 THROUGH OCTOBER 1945.

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