B-144235, NOV. 10, 1960

B-144235, NOV. 10, 1960

TO LIEUTENANT COLONEL LAWRENCE H. ALEXANDER:

REFERENCE IS MADE TO YOUR LETTER OF JULY 12, 1960, REQUESTING REVIEW OF A DETERMINATION MADE BY THE OFFICE, CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, THAT YOU WERE NOT ENTITLED TO INCREASED ALLOWANCES ON ACCOUNT OF DEPENDENTS (MOTHER) FOR THE PERIOD JUNE 1, 1946, TO APRIL 11, 1952, FOR THE REASON THAT NO DEPENDENCY WAS ESTABLISHED DURING THAT PERIOD. ON THE BASIS OF THIS DETERMINATION IT WAS ESTABLISHED THAT YOU WERE OVERPAID $6,390.70 AND YOU HAVE REPAID THAT AMOUNT TO THE GOVERNMENT.

IN YOUR LETTER YOU STATE THAT YOU ARE ENTITLED TO A REFUND OF ALL SUCH COLLECTIONS MADE FROM YOU. YOU ALLEGE THAT A REPORT OF AN INVESTIGATION MADE BY OUR OFFICE OF INVESTIGATIONS, A COPY OF WHICH IS PART OF THE ENCLOSURES TRANSMITTED WITH YOUR LETTER AND WHICH WAS THE BASIS OF THE DETERMINATION MADE, APPARENTLY DISREGARDED MANY FACTS THAT ESTABLISHED THE DEPENDENCY RELATIONSHIP CLAIMED. YOU STATE THAT THROUGH SEPTEMBER 30, 1949, YOU SENT YOUR MOTHER AMOUNTS AVERAGING AT LEAST $50 PER MONTH IN ADDITION TO THE CLASS E ALLOTMENT OF $150 MONTHLY IN FAVOR OF YOUR MOTHER, BUT YOU HAVE NO EVIDENCE TO SUPPORT THIS STATEMENT; AND THAT EVEN THE CONTRIBUTION OF $150 MONTHLY DURING THAT PERIOD CONSTITUTED MORE THAN ONE- HALF OF YOUR MOTHER'S LIVING EXPENSES, NOTWITHSTANDING AN AFFIDAVIT BY HER TO THE CONTRARY. YOU POINT OUT THAT HER INCOME WAS LESS THAN THAT REPORTED IN THE INVESTIGATION REPORT AND THAT SEVERAL ITEMS OF EXPENSE LISTED BY YOUR MOTHER WERE EITHER NONRECURRING OR EXAGGERATED BY HER EITHER IN RESPONSE TO THE INVESTIGATOR'S QUESTIONS OR IN HER AFFIDAVIT. YOU MAKE COMPARISONS OF THE TOTALS OF THE INCOME AND EXPENSES LISTED WITH WHAT YOU ESTIMATE TO HAVE BEEN YOUR MOTHER'S TRUE INCOME AND EXPENSES, INDICATING THAT SHE WAS CONFUSED IN RESPONDING TO THE INVESTIGATOR'S INQUIRIES AND THAT SHE WAS DISCUSSING THE MANNER IN WHICH SHE LIVED IN PREDEPRESSION DAYS.

THE RECORD SHOWS THAT A REPORT OF INVESTIGATION BY OUR OFFICE AS TO THE DEPENDENCY STATUS OF YOUR MOTHER WAS SENT ON APRIL 19, 1954, TO THE SECRETARY OF THE ARMY, WHICH REPORT INDICATED THAT YOUR MOTHER WAS NOT DEPENDENT UPON YOU FOR HER CHIEF SUPPORT DURING THE PERIOD JUNE 1, 1946, TO APRIL 11, 1952. THE TRANSMITTAL LETTER REQUESTED THAT OUR OFFICE BE NOTIFIED AS TO THE ACTION TAKEN IN EFFECTING RECOVERY OF PAYMENTS MADE TO YOU FOR INCREASED RENTAL AND SUBSISTENCE ALLOWANCE. ON NOVEMBER 28, 1955, YOU REQUESTED A REEVALUATION OF THE REPORT, QUESTIONING THE PERIOD FROM JUNE 1, 1946, TO SEPTEMBER 30, 1949. AS A RESULT OF YOUR REQUEST THE MATTER WAS SUBMITTED HERE AND IN B-86001 (A) I-17000-2350, DATED JULY 18, 1956, ADDRESSED TO THE SECRETARY OF THE ARMY, WE HELD THAT, AFTER REVIEWING THE MATTER, INCLUDING TWO INVESTIGATIONS (DATED AUGUST 19, 1952, AND JANUARY 13, 1954, RESPECTIVELY) YOUR STATEMENTS AND YOUR MOTHER'S AFFIDAVIT OF JULY 24, 1954, THE CONCLUSION WAS REQUIRED THAT THE RECORD DID NOT WARRANT CHANGING THE DETERMINATION MADE THAT YOUR MOTHER WAS NOT IN FACT DEPENDENT ON YOU FOR CHIEF SUPPORT DURING THE PERIOD FROM JUNE 1, 1946, THROUGH SEPTEMBER 30, 1949.

YOUR PRESENT LETTER, AND ENCLOSURES, FURNISH NO ADDITIONAL EVIDENCE WHICH COULD FORM A PROPER BASIS FOR CHANGING THE PREVIOUS DETERMINATION AS TO YOUR MOTHER'S DEPENDENCY STATUS DURING THE PERIOD IN QUESTION. THE INFORMATION FURNISHED BY YOUR MOTHER ON THE DEPENDENCY QUESTIONNAIRE SHE SIGNED DECEMBER 2, 1953, WAS CONSISTENT WITH THE STATEMENT SHE MADE IN JUNE 1952 AND THE AFFIDAVITS SHE SIGNED JULY 24, 1954, AND JANUARY 19, 1955, CONSISTING OF GENERALITIES WHICH WERE INCONSISTENT WITH THE PREVIOUS SPECIFIC STATEMENTS MADE, WERE CONSIDERED IN OUR PREVIOUS DECISION AS NOT BEING SUFFICIENT TO WARRANT ANY CHANGE IN THE DETERMINATION MADE THAT YOUR MOTHER WAS NOT IN FACT DEPENDENT ON YOU FOR HER CHIEF SUPPORT. ACCORDINGLY, THE ACTION PREVIOUSLY TAKEN MUST BE SUSTAINED AND PAYMENT OF YOUR CLAIM IS NOT AUTHORIZED.

THE DEPENDENTS ASSISTANCE ACT OF 1950, 64 STAT. 794, AS AMENDED, EFFECTIVE AUGUST 1, 1950, AUTHORIZES THE SECRETARY OF THE DEPARTMENT CONCERNED, OR SUCH OTHER PERSON OR PERSONS AS HE MAY DESIGNATE, TO MAKE DETERMINATIONS OF THE DEPENDENCY OF PARENTS OF MEMBERS OF THE UNIFORMED SERVICES AND PROVIDES THAT SUCH DETERMINATIONS SHALL BE FINAL AND CONCLUSIVE FOR ALL PURPOSES AND NOT SUBJECT TO REVIEW BY ANY ACCOUNTING OFFICER OF THE GOVERNMENT, EXCEPT FOR CASES INVOLVING FRAUD OR GROSS NEGLIGENCE. SEE 30 COMP. GEN. 282. HENCE, THE DETERMINATION MADE BY THE DEPARTMENT OF THE ARMY AS TO THE DEPENDENCY STATUS OF YOUR MOTHER FOR THAT PART OF THE PERIOD IN QUESTION ON AND AFTER AUGUST 1, 1950, IS FINAL AND CONCLUSIVE AND NOT SUBJECT TO REVIEW HERE.

WITH RESPECT TO YOUR REQUEST FOR A PERSONAL DISCUSSION OF THE MATTER WITH AN OFFICIAL OF THIS OFFICE, IT MAY BE POINTED OUT THAT GENERALLY MATTERS PRESENTED TO THIS OFFICE FOR SETTLEMENT OR DECISION ARE CONSIDERED AND DETERMINED UPON THE BASIS OF THE WRITTEN RECORD AND WHEN, AS IN THIS CASE, SUCH RECORD APPEARS TO COVER ALL POINTS AT ISSUE, A PERSONAL DISCUSSION SERVES LITTLE, IF ANY, USEFUL PURPOSE. HOWEVER, IF YOU DESIRE YOU MAY CALL AT THIS OFFICE, 441 G STREET, N.W., BETWEEN THE HOURS OF 8:15 A.M. AND 4:45 P.M., MONDAY THROUGH FRIDAY (EXCLUDING HOLIDAYS), AND A ..END :