B-135148, MAR. 6, 1958

B-135148, MAR. 6, 1958

TO MR. HARRY KANE:

FURTHER REFERENCE IS MADE TO YOUR LETTERS OF JANUARY 20, FEBRUARY 10, 16 AND 23, 1958, RELATING TO YOUR CLAIM IN THE AMOUNT OF $2,480, REPRESENTING AN ALLOTMENT OF $80 PER MONTH IN FAVOR OF YOUR MOTHER, MRS. ALFRED KANE, WHICH YOU BELIEVE WAS DEDUCTED FROM YOUR PAY FOR 31 MONTHS DURING YOUR SERVICE IN THE UNITED STATES ARMY FROM SEPTEMBER 28, 1946, TO SEPTEMBER 27, 1949--- DATE OF DISCHARGE--- BUT WHICH, YOU ALLEGE, WERE NEVER RECEIVED BY HER. ALSO, YOU QUESTION THE PAYMENT OF FAMILY ALLOWANCE TO YOUR FORMER WIFE, ANN LOUISE KANE, ON ACCOUNT OF YOUR DEPENDENT DAUGHTER, BARBARA A. KANE.

YOUR LETTERS ARE THE LAST OF A SERIES OF LETTERS ADDRESSED TO OUR OFFICE IN WHICH YOU HAVE STATED, IN SUBSTANCE, THAT YOU MADE AN ALLOTMENT OF $80 PER MONTH IN FAVOR OF YOUR MOTHER FOR THE INDICATED PERIOD OF 36 MONTHS, BUT THAT SHE RECEIVED ONLY FIVE CHECKS DURING SUCH PERIOD. YOUR CLAIM APPEARS TO BE BASED UPON YOUR BELIEF THAT A DEDUCTION OF $80 PER MONTH WAS MADE FROM YOUR PAY DURING THE PERIOD SEPTEMBER 28, 1946, TO SEPTEMBER 27, 1949, BUT THAT SINCE YOUR MOTHER RECEIVED ONLY FIVE CHECKS AMOUNTING TO $400, YOU ARE ENTITLED TO BE PAID THE DIFFERENCE OF $2,480, COVERING THE 31 CHECKS ALLEGED NOT TO HAVE BEEN RECEIVED.

IT SEEMS CLEAR THAT YOU ARE UNDER SOME MISAPPREHENSION AS TO THE FACTS IN THIS CASE. OUR RECORDS SHOW THAT CLASS E ALLOTMENT CHECKS (WHICH INCLUDE NO GOVERNMENT CONTRIBUTIONS) WERE ISSUED IN FAVOR OF YOUR MOTHER AT $80 EACH FOR THE MONTHS OF MARCH AND APRIL 1947, AT $70 PER MONTH FROM NOVEMBER 1947, THROUGH JULY 1948, AND AT $50 PER MONTH FROM AUGUST THROUGH DECEMBER 1948. DEDUCTIONS WERE MADE FROM YOUR PAY ACCOUNT FOR NO OTHER CLASS E ALLOTMENT CHECKS. THE RECORDS INDICATE THAT THE CHECKS WERE NEGOTIATED IN DUE COURSE, PRESUMABLY BY YOUR MOTHER, AND WERE PAID BY THE TREASURER OF THE UNITED STATES.

UNDER DATE OF DECEMBER 26, 1957, OUR CLAIMS DIVISION CERTIFIED FOR PAYMENT TO YOU THE SUM OF $56.21, REPRESENTING THE TOTAL AMOUNT OF PAY FOUND TO BE DUE YOU AFTER A CAREFUL REVIEW OF YOUR PAY RECORDS, AND IN CONNECTION THEREWITH INVITED YOUR ATTENTION TO SECTION 2 OF THE ACT OF JUNE 22, 1926, 44 STAT. 761, AS FOLLOWS:

"SEC. 2. ALL CLAIMS ON ACCOUNT OF ANY CHECK, CHECKS, WARRANT, OR WARRANTS APPEARING TO HAVE BEEN PAID SHALL BE BARRED IF NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS OF THE DATE OF ISSUANCE OF THE CHECK, CHECKS, WARRANT, OR WARRANTS INVOLVED.'

SINCE THE RECORD SHOWS THAT THE ABOVE-MENTIONED CHECKS WERE DULY ISSUED IN FAVOR OF YOUR MOTHER AND THE AMOUNTS OF SUCH CHECKS DEDUCTED FROM YOUR PAY MORE THAN SIX YEARS BEFORE YOU FILED YOUR CLAIM, AND SINCE IT APPEARS THAT SUCH CHECKS WERE NEGOTIATED IN DUE COURSE AND PAID BY THE TREASURER OF THE UNITED STATES, IT SEEMS CLEAR THAT YOUR CLAIM COMES WITHIN THE PROVISIONS OF THE CITED ACT OF JUNE 22, 1926, AND IS NOW BARRED. THE ACTION TAKEN BY OUR CLAIMS DIVISION IN DENYING YOUR CLAIM WAS CORRECT AND IS SUSTAINED. FURTHER CORRESPONDENCE WITH OUR OFFICE CONCERNING THE ALLEGED NONRECEIPT OF SUCH CHECKS WILL SERVE NO USEFUL PURPOSE.

WITH REFERENCE TO THE PAYMENT TO YOUR FORMER WIFE OF FAMILY ALLOWANCE ON ACCOUNT OF YOUR DEPENDENT DAUGHTER, YOU STATE THAT THE COURTS OF THE STATE OF PENNSYLVANIA HAVE NEVER HELD THAT YOU ARE REQUIRED TO SUPPORT YOUR DEPENDENT CHILD AND THEREFORE, YOU ARE OF THE OPINION THAT THERE IS NO LEGAL BASIS FOR THE DEDUCTIONS MADE FROM YOUR PAY ON ACCOUNT OF THE DEPENDENT DAUGHTER. YOU HAVE HERETOFORE BEEN ADVISED THAT YOUR FORMER WIFE MADE APPLICATION FOR FAMILY ALLOWANCE ON BEHALF OF YOUR MINOR DAUGHTER AND THAT SUCH APPLICATION WAS APPROVED BY THE DEPARTMENT OF THE ARMY. THE RECORD SHOWS THAT THE SUM OF $22 PER MONTH (YOUR CONTRIBUTION TO FAMILY ALLOWANCE) WAS WITHHELD FROM YOUR PAY FOR THE PERIOD MARCH 1947, THROUGH SEPTEMBER 1949, ON ACCOUNT OF THE FAMILY ALLOWANCE PAYMENTS MADE TO YOUR FORMER WIFE FOR THE BENEFIT OF YOUR DEPENDENT DAUGHTER.

SECTION 101 OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, APPROVED JUNE 23, 1942, AS AMENDED, 37 U.S.C. 201 (1946 EDITION), PROVIDES THAT THE DEPENDENT OR DEPENDENTS OF ANY ENLISTED MAN IN THE ARMY OF THE UNITED STATES SHALL BE ENTITLED TO RECEIVE A MONTHLY FAMILY ALLOWANCE FOR ANY PERIOD DURING WHICH SUCH ENLISTED MAN IS IN THE ACTIVE MILITARY SERVICE OF THE UNITED STATES ON OR AFTER JUNE 1, 1942, DURING THE EXISTENCE OF ANY WAR DECLARED BY CONGRESS AND THE SIX MONTHS IMMEDIATELY FOLLOWING THE TERMINATION OF SUCH WAR. SECTION 104 OF THE SAME ACT, AS AMENDED, PROVIDES THAT A MONTHLY FAMILY ALLOWANCE SHALL BE GRANTED AND PAID BY THE UNITED STATES TO CLASS A DEPENDENT OR DEPENDENTS OF ANY SUCH ENLISTED MAN--- A CHILD IS A CLASS A DEPENDENT- - UPON WRITTEN APPLICATION TO THE DEPARTMENT CONCERNED MADE BY SUCH ENLISTED MAN OR "MADE BY OR ON BEHALF OF SUCH DEPENDENT OR DEPENDENTS.' UNDER THAT PROVISION, YOUR FORMER WIFE WAS AUTHORIZED TO MAKE APPLICATION FOR THE FAMILY ALLOWANCE ON BEHALF OF YOUR DAUGHTER. SECTION 206 OF THAT ACT, AS AMENDED, PROVIDES THAT FOR ANY MONTH FOR WHICH A FAMILY ALLOWANCE IS PAID TO THE DEPENDENT OR DEPENDENTS OF ANY SUCH ENLISTED MAN THE MONTHLY PAY OF SUCH ENLISTED MAN SHALL BE REDUCED BY, OR CHARGED WITH, THE AMOUNT OF $22. SUCH DEDUCTION IS AUTHORIZED FOR FAMILY ALLOWANCE PAYABLE FOR A DEPENDENT CHILD WITHOUT REGARD TO ANY PROVISION FOR THE CHILD'S SUPPORT WHICH MAY BE MADE IN A DECREE OF DIVORCE AFFECTING THE PARENTS.

IT WILL BE SEEN FROM THE FOREGOING THAT AN APPLICATION WAS PROPERLY MADE FOR FAMILY ALLOWANCE FOR YOUR DEPENDENT DAUGHTER AND THE SAME WAS ADMINISTRATIVELY APPROVED. THE PAYMENT OF FAMILY ALLOWANCE WAS AUTHORIZED UNDER THE FACTS OF THIS CASE AND THE DEDUCTION OF $22 PER MONTH WAS REQUIRED TO BE MADE FROM YOUR PAY. ACCORDINGLY, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM AND THE ACTION OF OUR CLAIMS DIVISION IN DENYING THE SAME IS SUSTAINED.