B-122487, DEC. 30, 1955

B-122487, DEC. 30, 1955

TO MR. JAMES F. GRUBEN:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 30, 1955, CONCERNING INCREASED RENTAL AND SUBSISTENCE ALLOWANCE PAYMENTS MADE TO YOU AS FOR AN OFFICER WITH A DEPENDENT FATHER FOR THE PERIOD JANUARY 1, 1944, THROUGH SEPTEMBER 30, 1947. THERE ALSO HAS BEEN RECEIVED FROM THE HONORABLE HOMER THORNBERRY, HOUSE OF REPRESENTATIVES, YOUR LETTER OF SEPTEMBER 6, 1955, AND ENCLOSURES, RELATIVE TO THE SAME MATTER.

THE PAYMENTS WERE QUESTIONED IN A REPORT OF INVESTIGATION BY OUR INVESTIGATORS, COPIES OF WHICH WERE TRANSMITTED TO THE SECRETARY OF THE AIR FORCE ON OCTOBER 26, 1951. LATER, BY LETTER DATED AUGUST 18, 1954, THE DEPARTMENT OF THE AIR FORCE ADVISED US THAT THE SUM OF $3,810.80 REPRESENTING THE AMOUNT OF SUCH ALLOWANCES PAID TO YOU FOR THE PERIOD JANUARY 1, 1944, THROUGH SEPTEMBER 30, 1947, HAD BEEN COLLECTED FROM YOU AND DEPOSITED IN THE APRIL 1954 ACCOUNTS OF LIEUTENANT COLONEL G. C. FARMER, SYMBOL 225-107. YOU MADE CLAIM TO OUR CLAIMS DIVISION FOR REFUND OF THE AMOUNT COLLECTED AND BY LETTER DATED MARCH 26, 1955, YOU SUBMITTED TO THE CLAIMS DIVISION, IN SUPPORT OF YOUR CLAIM, AN AFFIDAVIT EXECUTED FEBRUARY 11, 1955, BY YOUR FATHER; A PHOTOSTATIC COPY OF A CANCELLED CHECK FOR $550 DRAWN BY YOU ON JULY 26, 1946, IN FAVOR OF YOUR FATHER; A PHOTOSTATIC COPY OF BANK STATEMENTS OF YOUR FATHER FOR THE PERIODS FEBRUARY 11, 1944, THROUGH JANUARY 24, 1946, MAY 30 THROUGH DECEMBER 27, 1946, FEBRUARY 28 THROUGH JULY 16, 1947, AND AUGUST 26 THROUGH OCTOBER 3, 1947; AND A PHOTOSTATIC COPY OF YOUR BANK STATEMENT FROM DECEMBER 6, 1943, THROUGH OCTOBER 14, 1947. BY SETTLEMENT DATED APRIL 21, 1955, OF THE CLAIMS DIVISION YOUR CLAIM WAS DISALLOWED ON THE BASIS THAT YOUR FATHER WAS NOT DEPENDENT ON YOU FOR CHIEF SUPPORT, THE RECORDS SHOWING THAT THE LIVING EXPENSES OF YOUR FATHER AVERAGED $117 PER MONTH AND THAT FROM JULY 1944 THROUGH APRIL 1945 YOU CONTRIBUTED AN AVERAGE OF ONLY $25 PER MONTH FOR HIS SUPPORT AND THAT FROM MAY 1945 TO AUGUST 1947 YOUR ONLY CONTRIBUTION TO HIS SUPPORT WAS A CHECK IN THE SUM OF $550. IN THE LETTERS OF APRIL 30 AND SEPTEMBER 6, 1955, YOU SAY THAT YOU HAD AN ALLOTMENT FOR THE SUPPORT OF YOUR FATHER FROM JANUARY 1944 THROUGH NOVEMBER 1945, AND THAT PRACTICALLY ALL OF IT WAS USED BY YOUR PARENTS TO PAY FOR THEIR SUBSISTENCE AND MEDICAL EXPENSES. YOU URGE THAT YOUR CLAIM BE ALLOWED ON THE BASIS OF SUCH ALLOTMENT.

IT APPEARS FROM INFORMATION FURNISHED US BY THE DEPARTMENT OF THE AIR FORCE THAT YOU HAD AN ALLOTMENT OF $100 PER MONTH FOR JANUARY AND FEBRUARY 1944 IN FAVOR OF THE CITIZENS STATE BANK, ROBY, TEXAS, FOR DEPOSIT TO THE CREDIT OF YOUR FATHER AND THAT YOU HAD AN ALLOTMENT OF $150 PER MONTH FROM MARCH 1944 THROUGH NOVEMBER 1945 DIRECTLY IN FAVOR OF YOUR FATHER, HENRY J. GRUBEN. BEGINNING WITH MARCH 1946 THROUGH SEPTEMBER 1947 YOU WERE CREDITED WITH INCREASED RENTAL AND SUBSISTENCE ALLOWANCES ON ACCOUNT OF A DEPENDENT FATHER AND IN JULY 1946 YOU WERE RETROACTIVELY CREDITED WITH SUCH ALLOWANCES FOR THE PERIOD JANUARY 1, 1944, THROUGH FEBRUARY 28, 1946. SINCE IT APPEARS THAT YOUR CONTRIBUTIONS TO THE SUPPORT OF YOUR FATHER DURING THE PERIOD JANUARY 1944 THROUGH NOVEMBER 1945 WERE MORE THAN 50 PERCENT OF HIS AVERAGE MONTHLY LIVING EXPENSES AND THAT DURING THE SAME PERIOD HIS INCOME FROM SOURCES OTHER THAN YOUR CONTRIBUTIONS, AVERAGING NOT MORE THAN $58 PER PER MONTH, WAS LESS THAN 50 PERCENT OF SUCH EXPENSES, THE CONCLUSION APPEARS JUSTIFIED THAT YOUR FATHER WAS IN FACT DEPENDENT UPON YOU FOR CHIEF SUPPORT DURING THE PERIOD JANUARY 1, 1944, THROUGH NOVEMBER 30, 1945. ACCORDINGLY, A SETTLEMENT WILL ISSUE TO YOU IN DUE COURSE FOR REFUND OF THE AMOUNT OF THE INCREASED ALLOWANCES COLLECTED FROM YOU FOR THAT PERIOD, LESS THE SUM OF $71.44, REPRESENTING AN OVERPAYMENT TO YOU AT DISCHARGE FOR FOUR DAYS OF ACCRUED LEAVE IN EXCESS OF THE ACCRUED LEAVE TO YOUR CREDIT. SUCH INDEBTEDNESS WAS THE SUBJECT OF OUR LETTER OF FEBRUARY 4, 1955, B-122487, TO MR. THORNBERRY.

RESPECTING YOUR CLAIM FOR THE PERIOD DECEMBER 1, 1945, TO SEPTEMBER 30, 1947, IT HAS BEEN HELD THAT THE STATUTE AUTHORIZING THE PAYMENT OF INCREASED RENTAL AND SUBSISTENCE ALLOWANCES DOES NOT CONTEMPLATE THAT AN OFFICER WHO OCCASIONALLY CONTRIBUTES, WHETHER GRATUITOUSLY OR NECESSARILY, TOWARD THE LIVING EXPENSES OF A PARENT BUT WHO IS NOT THE PARENT'S PRIMARY AND CHIEF SUPPORT, SHALL RECEIVE THE INCREASED ALLOWANCES. IT HAS ALSO BEEN HELD THAT, WHILE AVERAGE AMOUNTS MAY BE USED AS A BASIS FOR DETERMINING THE EXISTENCE OF THE CLAIMED DEPENDENCY, SUCH AVERAGING OF AMOUNTS MAY NOT BE RESORTED TO FOR THE PURPOSE OF BRINGING ABOUT A SHOWING OF DEPENDENCY OF THE PARENT FOR CHIEF SUPPORT FOR A PERIOD PRIOR TO THE ACTUAL INCEPTION OF SUCH DEPENDENCY NOR FOR THE PURPOSE OF CONTINUING A STATUS OF DEPENDENCY FOR A PERIOD BEYOND THE PERIOD WHEN SUCH DEPENDENCY ACTUALLY CEASED. WHILE THE AMOUNT OF $500, COVERED BY YOUR CHECK OF JULY 26, 1946, MAY HAVE BEEN REMITTED FOR THE BENEFIT OF YOUR FATHER AND USED BY HIM BETWEEN THAT DATE AND SEPTEMBER 30, 1947, IT MAY NOT BE VIEWED AS ESTABLISHING THAT HE WAS DEPENDENT ON YOU FOR HIS CHIEF SUPPORT DURING SUCH PERIOD. ACCORDINGLY, UPON THE BASIS OF THE PRESENT RECORD, THE ALLOWANCE OF YOUR CLAIM FOR THE PERIOD DECEMBER 1, 1945, THROUGH SEPTEMBER 30, 1947, IS NOT AUTHORIZED.