B-86001 (W), FEB. 3, 1958

B-86001 (W): Feb 3, 1958

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UNITED STATES AIR FORCE: REFERENCE IS MADE TO A LETTER DATED NOVEMBER 6. ON ACCOUNT OF AN ALLEGED DEPENDENT MOTHER AND THEREAFTER COLLECTED FROM HIM ON THE BASIS OF A DETERMINATION THAT HIS MOTHER WAS NOT IN FACT DEPENDENT ON HIM FOR HER CHIEF SUPPORT. IT WAS STATED IN THE LETTER OF NOVEMBER 6. YOUR OFFICE DETERMINED THAT THE SUBJECT OFFICER WAS ENTITLED TO INCREASED ALLOWANCES FOR QUARTERS AND SUBSISTENCE FOR THE PERIOD JULY 1. THE TOTAL INDEBTEDNESS WAS COMPUTED AS THE SUM OF $4. 238.32 WAS COLLECTED PRIOR TO SEPARATION ON SEPTEMBER 22. IT WAS REPORTED THAT THE SUM OF $643.18 HAS BEEN COLLECTED SINCE SEPARATION. WAS A LETTER DATED SEPTEMBER 17. IT BEING STATED BY HIM THAT THE MONTHLY LIVING EXPENSES OF HIS PARENTS OVER THE PERIOD INVOLVED WERE $195.09.

B-86001 (W), FEB. 3, 1958

TO COMMANDER, AIR FORCE FINANCE CENTER, UNITED STATES AIR FORCE:

REFERENCE IS MADE TO A LETTER DATED NOVEMBER 6, 1957, FROM COLONEL HARRY D. COOK, USAF, SUBMITTING FOR CONSIDERATION A CLAIM BY FORMER MAJOR WILLIAM H. WESCOTT, AO 66 5478, FOR REFUND OF AMOUNTS PAID TO HIM AS INCREASED QUARTERS AND SUBSISTENCE ALLOWANCE DURING THE PERIOD JULY 1, 1945, THROUGH OCTOBER 14, 1947, ON ACCOUNT OF AN ALLEGED DEPENDENT MOTHER AND THEREAFTER COLLECTED FROM HIM ON THE BASIS OF A DETERMINATION THAT HIS MOTHER WAS NOT IN FACT DEPENDENT ON HIM FOR HER CHIEF SUPPORT.

IT WAS STATED IN THE LETTER OF NOVEMBER 6, 1957, THAT UNDER DATE OF JANUARY 30, 1956, YOUR OFFICE DETERMINED THAT THE SUBJECT OFFICER WAS ENTITLED TO INCREASED ALLOWANCES FOR QUARTERS AND SUBSISTENCE FOR THE PERIOD JULY 1, 1943, THROUGH APRIL 30, 1945, BUT THAT ENTITLEMENT DID NOT EXIST FOR THE PERIODS MAY 1, 1945, THROUGH OCTOBER 14, 1947, AND FROM SEPTEMBER 24, 1948, TO SEPTEMBER 30, 1949. THE TOTAL INDEBTEDNESS WAS COMPUTED AS THE SUM OF $4,531.50, OF WHICH THE SUM OF $3,238.32 WAS COLLECTED PRIOR TO SEPARATION ON SEPTEMBER 22, 1955, LEAVING A BALANCE OF $1,293.18. IT WAS REPORTED THAT THE SUM OF $643.18 HAS BEEN COLLECTED SINCE SEPARATION, LEAVING A BALANCE OF $650 DUE THE UNITED STATES.

AMONG THE ENCLOSURES TO THE LETTER OF NOVEMBER 6, 1957, WAS A LETTER DATED SEPTEMBER 17, 1957, FROM MR. WESCOTT, SUBMITTING A CLAIM FOR REFUND OF THE AMOUNTS COLLECTED FROM HIM FOR THE PERIOD JULY 1945 TO OCTOBER 1947, THE CLAIM BEING SUPPORTED BY AN AFFIDAVIT EXECUTED BY THE CLAIMANT'S FATHER UNDER DATE OF SEPTEMBER 12, 1957, SHOWING HIS AVERAGE MONTHLY LIVING EXPENSES FOR THE INDICATED PERIOD AS HAVING BEEN $195.09. LETTER OF SEPTEMBER 25, 1957, YOUR OFFICE ADVISED THE CLAIMANT THAT A RECOMPUTATION IN THIS CASE SHOWED THE PARENTS' INCOME AS MORE THAN FIFTY PERCENT OF THE EXPENSES INCURRED, AND THAT, THEREFORE, ENTITLEMENT TO INCREASED ALLOWANCES FOR QUARTERS AND SUBSISTENCE FOR THE INDICATED PERIOD DID NOT EXIST.

BY LETTER OF SEPTEMBER 30, 1957, MR. WESCOTT RENEWED HIS CLAIM FOR REFUND, IT BEING STATED BY HIM THAT THE MONTHLY LIVING EXPENSES OF HIS PARENTS OVER THE PERIOD INVOLVED WERE $195.09; THAT THE SOLE INCOME OF HIS PARENTS WAS THE SUM OF $95 PER MONTH, AND THAT HE CONTRIBUTED THE SUM OF $100 PER MONTH BY ALLOTMENT FOR THEIR SUPPORT. HE STATED FURTHER THAT IN 1945--- DATE NOT SHOWN--- HE SENT HIS PARENTS THE SUM OF $2,529.60, A PART OF WHICH WAS RETURNED TO HIM--- THE AMOUNT RETURNED NOT BEING STATED.

THE STATEMENTS IN THE CLAIMANT'S LETTER OF SEPTEMBER 30, 1957, AND IN THE FATHER'S AFFIDAVIT, ARE CONTRARY TO CERTAIN EVIDENCE OF RECORD IN OUR OFFICE. THE REPORT OF INVESTIGATION DATED JULY 10, 1950, CONDUCTED BY OUR OFFICE, SHOWS THAT THE CLAIMANT'S MOTHER WAS INTERVIEWED AT HER HOME ON JUNE 21, 1950--- A DATE MORE NEARLY CONTEMPORANEOUS WITH THE PERIOD INVOLVED THAN THE PRESENT AFFIDAVIT--- IN THE PRESENCE OF HER HUSBAND. THAT TIME THE PARENTS ESTIMATED THEIR CURRENT MONTHLY LIVING EXPENSES TO BE THE SUM OF $142 PER MONTH, AND STATED THAT THEIR LIVING EXPENSES HAD REMAINED APPROXIMATELY THE SAME FOR SEVERAL YEARS EXCEPT FOR VARIATIONS IN FOOD AND FUEL COSTS.

AS AN INSTANCE OF THE CONFLICT BETWEEN THE CLAIMANT'S PRESENT STATEMENTS AND THE FACTS OF RECORD IN OUR OFFICE, IT IS NOTED THAT IN HIS LETTER OF SEPTEMBER 30, 1957, MR. WESCOTT STATED THAT DURING THE PERIOD FOR WHICH A REFUND IS CLAIMED HE CONTRIBUTED THE SUM OF $100 PER MONTH TO HIS PARENT'S SUPPORT. THIS STATEMENT APPEARS TO BE REFUTED BY A STATEMENT APPEARING ON PAGE THREE OF THE REPORT OF INVESTIGATION, AS FOLLOWS:

"MR. WESCOTT STATED THAT HE AND MRS. WESCOTT HAVE RECEIVED LITTLE, IF ANY, BENEFIT FROM THE OFFICER'S CONTRIBUTIONS FOR THE REASON THAT DURING THE PERIOD HE WAS CONTRIBUTING $150 A MONTH, AS SOON AS THE CHECKS WERE RECEIVED, THEY WERE CASHED AT THE BANK AND THE PROCEEDS USED TO PURCHASE BANK DRAFTS IN THE OFFICER'S FAVOR, USUALLY IN THE AMOUNT OF $100, WHICH WERE TRANSMITTED TO THE OFFICER AT HIS REQUEST.'

IN CASES SUCH AS THIS WHERE THE EVIDENCE OF RECORD (THE REPORT OF INVESTIGATION) SHOWS THAT THE PARENT OR PARENTS OF AN OFFICER CLAIMING INCREASED ALLOWANCES FOR DEPENDENTS FOR A STATED PERIOD ARE NOT IN FACT DEPENDENT ON THE OFFICER FOR "CHIEF SUPPORT," AND WHERE THE CLAIMING OFFICER LATER FURNISHES REVISED STATEMENTS AND SUPPLEMENTAL AFFIDAVITS COVERING IN WHOLE OR IN LARGE PART THE SAME PERIOD--- SUCH STATEMENTS OR AFFIDAVITS BEING MORE FAVORABLE TO THE ALLOWANCE OF THE OFFICER'S CLAIM--- IT IS A RULE OF OUR OFFICE TO REQUIRE THE REVISED STATEMENTS OR AFFIDAVITS TO BE SUPPORTED BY A DETAILED, CLEAR, AND CONVINCING EXPLANATION OF ANY DIFFERENCE BETWEEN THE FIGURES SHOWN, RESPECTIVELY, IN THE RECORD AND IN THE REVISED STATEMENTS--- SAID EXPLANATION TO BE SUCH AS TO REASONABLY ESTABLISH THAT THE LATER STATEMENTS CORRECTLY REFLECT THE DEPENDENCY STATUS OF THE PARENT OR PARENTS DURING THE PERIOD OR PERIODS INVOLVED. THESE REQUIREMENTS HAVE NOT BEEN MET IN THIS CASE.

ON THE BASIS OF THE RECORD BEFORE OUR OFFICE IT IS IMPOSSIBLE TO MAKE A COMPARISON OF ALL THE EXPENSES SHOWN IN THE REPORT OF INVESTIGATION WITH THOSE SHOWN IN THE FATHER'S AFFIDAVIT FOR THE REASON THAT IN THE AFFIDAVIT SEVERAL ITEMS ARE GROUPED TOGETHER. FOR EXAMPLE,"WATER AND LIGHT TELEPHONE AND FUEL" ARE SHOWN AS AMOUNTING TO $27, WHEREAS IN THE REPORT OF INVESTIGATION THE ONLY COMPARABLE ITEMS APPEAR TO BE "HEAT" AND "UTILITIES" FOR A TOTAL OF $20, NO SHOWING BEING MADE AS TO WHAT THE "UTILITIES" WERE. THERE ARE A NUMBER OF ITEMS CLAIMED FOR THE FIRST TIME IN THE AFFIDAVIT, AMONG THEM BEING "PERSONAL EFFECTS--- MISCELLANEOUS" IN THE AMOUNT OF $5, AND "CAR MAINTENANCE AND OPERATION" FOR $15.

IT SEEMS PROBABLE THAT MANY OF THE ITEMS INCLUDED IN THE AFFIDAVIT ARE BASED ON A MEMORY REACHING BACK TEN YEARS OR MORE. IT SEEMS DOUBTFUL THAT THE CLAIMANT'S FATHER NOW COULD MORE ACCURATELY RECALL THE FACTS CONCERNING THE ALLEGED EXPENDITURES THAN AT THE TIME OF THE ORIGINAL INTERVIEW BY OUR INVESTIGATORS. IT IS OUR VIEW THAT THE STATEMENTS NOW MADE MAY NOT BE ACCEPTED AS ESTABLISHING THE DEPENDENCY OF THE CLAIMANT'S PARENTS AND THAT, CONSEQUENTLY, NO REFUND SHOULD BE MADE ON ACCOUNT OF THE PENDING CLAIM.

THE ENCLOSURES TO THE LETTER OF NOVEMBER 6, 1957, ARE RETURNED HEREWITH-- - COPIES ARE BEING RETAINED IN OUR FILE.

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