B-117870, JAN 27, 1954

B-117870, JAN 27, 1954

PRECIS-UNAVAILABLE

MR. GEORGE J. MOORE:

FURTHER REFERENCE IS MADE TO YOUR LETTER POSTMARKED NOVEMBER 3, 1963, REQUESTING REVIEW OF THAT PART OF SETTLEMENT OF AUGUST 31, 1953, WHICH DISALLOWED YOUR CLAIM BASED ON THE NONRECEIPT OF AN ALLOTMENT PAYMENT BELIEVED DUE YOUR DEPENDENT WIFE AND CHILD FOR NOVEMBER 1950, WHILE YOU WERE SERVING AS SEAMAN, UNITED STATES NAVAL RESERVE.

THAT PART OF YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT NO ALLOTMENT DEDUCTION WAS MADE FROM YOUR PAY FOR THAT MONTH. YOU STATE THAT AS YOU WERE RECALLED INTO SERVICE THE NINTH OF THE MONTH, YOU BELIEVE YOU ARE ENTITLED TO "SOME PAYMENT" FOR THAT MONTH AND YOU WANT TO KNOW WHY NO DEDUCTION WAS MADE FROM YOUR PAY.

THE DEPENDENTS ASSISTANCE ACT OF 1950, 64 STAT. 794, AUTHORIZES THE PAYMENT TO ENLISTED MEMBERS OF THE ARMED SERVICES OF A BASIC ALLOWANCE FOR QUARTERS FOR DEPENDENTS IN AN AMOUNT VARYING WITH THE GRADE OF THE ENLISTED MEMBER AND THE NUMBER OF HIS ELIGIBLE DEPENDENTS, PROVIDED THAT HE HAS IN EFFECT FOR THE SUPPORT OF HIS DEPENDENTS AN ALLOTMENT OF PAY IN AN AMOUNT NOT LESS THAN THE BASIC ALLOWANCE FOR QUARTERS AUTHORIZED FOR HIS GRADE, PLUS AN ADDITIONAL SUM, ALSO VARYING WITH THE GRADE OF THE ENLISTED MEMBER. THE ACT ALSO PROVIDES THAT SUCH ALLOTMENT SHALL NOT BE REQUIRED FOR THE CALENDAR MONTH IN WHICH A MEMBER ENTERS ON ACTIVE DUTY IN A PAY STATUS IF THE ALLOTMENT IS EFFECTIVE THE FOLLOWING MONTH. UNDER THE PROVISIONS OF THE SAID ACT THE QUARTERS ALLOWANCE IS NOT PAID TO THE DEPENDENTS BUT TO THE ENLISTED MEMBER DIRECT, WHO IN TURN MUST HAVE THE REQUIRED ALLOTMENT IN EFFECT FOR THE SUPPORT OF HIS DEPENDENTS TO QUALIFY FOR SUCH ALLOWANCE, WITH THE EXCEPTION NOTED ABOVE AND OTHERS NOT PERTINENT HERE.

THE RECORD SHOWS THAT ON THE BASIS OF YOUR APPLICATION FILED ON NOVEMBER 9, 1950, DATE OF YOUR RECALL TO ACTIVE DUTY, YOU WERE CREDITED WITH BASIC ALLOWANCE FOR QUARTERS AS ENLISTED MAN, PAY GRADE E-3, WITH TWO DEPENDENTS (WIFE AND CHILD) FOR THE PERIOD NOVEMBER 9 TO DECEMBER 31, 1950, AT THE RATE OF $67.50 PER MONTH, A TOTAL OF $117. SINCE YOUR PAY ACCOUNT SHOWS THAT NO DEDUCTION WAS MADE FROM YOUR PAY TO COMPENSATE FOR AN ALLOTMENT PAYMENT FOR THE MONTH OF NOVEMBER 1950, YOUR WIFE WAS NOT ENTITLED TO AN ALLOTMENT PAYMENT FOR THAT MONTH. ALSO, SINCE YOU WERE CREDITED WITH BASIC ALLOWANCE FOR QUARTERS FROM THE DATE OF YOUR REENTRY ON ACTIVE DUTY, YOU ARE NOT ENTITLED TO ANY FURTHER PAYMENT OF BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF DEPENDENTS.

IT FOLLOWS THAT THE SETTLEMENT OF AUGUST 31, 1953, CORRECTLY DISALLOWED YOUR CLAIM IN THAT RESPECT AND SUCH ACTION IS SUSTAINED.