B-124358, AUG. 19, 1955

B-124358, AUG. 19, 1955

TO MR. MURRY BURDINE:

REFERENCE IS MADE TO YOUR LETTER RECEIVED HERE ON NOVEMBER 16, 1954, CONCERNING OUR SETTLEMENT DATED JUNE 29, 1954, IN WHICH THERE WAS FOUND DUE YOU THE SUM OF $594 FOR REFUND OF FAMILY ALLOWANCE DEDUCTIONS AT THE RATE OF $22 A MONTH FOR THE MONTHS OF SEPTEMBER 1943 THROUGH NOVEMBER 1945, INCIDENT TO YOUR SERVICE AS AN ENLISTED MAN, ARMY OF THE UNITED STATES. THERE WAS WITHHELD FROM THE SUM OF $594 FOUND DUE BY THE SETTLEMENT, THE SUM OF $207.60 TO LIQUIDATE YOUR INDEBTEDNESS TO THE UNITED STATES FOR OVERPAYMENTS OF FAMILY ALLOWANCE FROM JULY 1, 1942, TO AUGUST 31, 1943. YOU REQUEST AN EXPLANATION OF THE INDEBTEDNESS.

THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, 56 STAT. 381, IN EFFECT DURING THE PERIOD JULY 1, 1942, TO AUGUST 31, 1943, PROVIDED THAT FAMILY ALLOWANCE WAS PAYABLE TO THE WIFE AND CHILD OF ANY ENLISTED MAN IN THE FOURTH, FIFTH, SIXTH AND SEVENTH GRADES, UPON THE WRITTEN APPLICATION BY THE ENLISTED MAN OR BY OR ON BEHALF OF THE WIFE OR CHILD. THE FAMILY ALLOWANCE PAYABLE TO A WIFE WAS AT THE RATE OF $50 A MONTH. THE ALLOWANCE PAYABLE FOR A WIFE AND ONE CHILD WAS AT THE RATE OF $62 A MONTH ($43.40 A MONTH FOR THE WIFE AND $18.60 A MONTH FOR THE CHILD).

THE RECORD SHOWS THAT ON AUGUST 21, 1942, YOU MADE APPLICATION FOR PAYMENT OF FAMILY ALLOWANCE ON ACCOUNT OF YOUR WIFE, CORINE BURDINE, AND YOUR ALLEGED DAUGHTER, DOROTHY M. BURDINE. FAMILY ALLOWANCE PAYMENTS WERE MADE TO CORINE BURDINE ON ACCOUNT OF HERSELF AND THE ALLEGED DAUGHTER FROM JULY 1, 1942, TO AUGUST 31, 1943, AT THE RATE OF $62 A MONTH. AFTER THE RECEIPT OF AN APPLICATION DATED MARCH 17, 1943, BY HATTIE MAE BURDINE FOR PAYMENT OF FAMILY ALLOWANCE TO HER AS YOUR WIFE AND TO MURIELESS BURDINE AS YOUR DAUGHTER, AN INVESTIGATION AS TO YOUR MARITAL STATUS AND THE STATUS OF DOROTHY AND MURIELESS BURDINE WAS CONDUCTED BY THE WAS DEPARTMENT. THE INVESTIGATION DISCLOSED THAT CORINE BURDINE WAS YOUR WIFE AND THAT DOROTHY M. BURDINE WAS BORN PRIOR TO YOUR MARRIAGE TO CORINE BURDINE. THE INVESTIGATION ALSO DISCLOSED THAT YOU DENIED THAT YOU WERE THE FATHER OF DOROTHY M. BURDINE AND THAT HER ELIGIBILITY FOR FAMILY ALLOWANCE HAS NEVER BEEN ESTABLISHED. THE INVESTIGATION LIKEWISE DISCLOSED THAT HATTIE MAE BURDINE WAS NOT YOUR LAWFUL WIFE SINCE HER PRIOR MARRIAGE HAD NOT BEEN DISSOLVED AT THE TIME OF HER MARRIAGE CEREMONY WITH YOU, AND THAT MURIELESS BURDINE WAS BORN TO YOU AND HATTIE MAE BURDINE. SINCE THE ELIGIBILITY OF DOROTHY M. BURDINE FOR FAMILY ALLOWANCE AS YOUR CHILD HAS NEVER BEEN ESTABLISHED, CORINE BURDINE WAS ENTITLED TO PAYMENT OF ONLY $50 A MONTH FROM JULY 1942 TO FEBRUARY 1943. THUS, THERE WAS AN OVERPAYMENT OF $12 A MONTH FOR THOSE MONTHS, OR $96. SINCE YOUR DAUGHTER MURIELESS WAS ELIGIBLE FOR FAMILY ALLOWANCE BENEFITS AT THE RATE OF $18.60 A MONTH FROM MARCH TO AUGUST 1943, THE ENTITLEMENT OF CORINE BURDINE WAS REDUCED TO $43.40 A MONTH, RESULTING IN A FURTHER OVERPAYMENT TO HER OF $18.60 A MONTH FOR THOSE MONTHS, OR $111.60. SINCE THE TOTAL OF THE OVERPAYMENTS AMOUNTING TO $207.60, RESULTED FROM YOUR ERRONEOUS CERTIFICATION AS TO YOUR DEPENDENTS, SUCH AMOUNT WAS CHARGEABLE AGAINST YOUR ACCOUNT AND WAS REQUIRED TO BE RECOVERED. ACCORDINGLY, THE ACTION TAKEN IN THE SETTLEMENT OF JUNE 29, 1954, IN WITHHOLDING THAT AMOUNT FROM THE AMOUNT OF $594, OTHERWISE DUE YOU, WAS CORRECT AND IS SUSTAINED.