B-132467, JUL. 19, 1957

B-132467, JUL. 19, 1957

TO THE COMMANDING OFFICER, AIR FORCE FINANCE CENTER:

FURTHER REFERENCE IS MADE TO A LETTER DATED MAY 15, 1957 (SEDE-4), FROM MR. B. E. DUNIPHAN, DEPUTY BRANCH CHIEF, COLLECTION BRANCH, SETTLEMENTS DIVISION, TRANSMITTING FOR CONSIDERATION CERTAIN CORRESPONDENCE INCLUDING A LETTER DATED APRIL 17, 1957, FROM TECHNICAL SERGEANT ERNEST L. FERREN, AF 6917564, PROTESTING THE COLLECTION OF HIS INDEBTEDNESS TO THE UNITED STATES THROUGH STOPPAGE OF HIS PAY.

THE INDEBTEDNESS AROSE OUT OF NONDEDUCTIONS OF CLASS E ALLOTMENT WHICH THE RECORD INDICATES HE AUTHORIZED IN FAVOR OF HIS WIFE AT THE RATE OF $45 PER MONTH FOR THE PERIOD SEPTEMBER 1, 1942, THROUGH MAY 31, 1945, AMOUNTING TO $1,485, LESS REMITTANCE AGGREGATING $500, LEAVING A BALANCE DUE OF $985. SERGEANT FERREN DOES NOT DENY THAT THE ALLOTMENT WAS PAID AS CLAIMED AND THAT HE IS LIABLE THEREFOR. HOWEVER, AS A BASIS FOR PROTESTING THE COLLECTION ACTION, IT APPEARS THAT HE BELIEVES HE IS ENTITLED TO AN ALLOWANCE FOR A DEPENDENT SON, ERNEST L. FERREN, III, FOR THE PERIOD FROM AUGUST 1942 TO NOVEMBER 1947.

WITH THE LETTER OF MAY 15, 1957, THERE WAS ENCLOSED A COPY OF A LETTER DATED NOVEMBER 4, 1947, FROM MAJOR B. L. HAMILTON, JR., AIR CORPS, TO THE COMMANDING OFFICER, FAMILY ALLOWANCE DIVISION, ARMY FINANCE CENTER, ST. LOUIS, MISSOURI, INDICATING THAT SERGEANT FERREN HAD REQUESTED A FAMILY ALLOWANCE FOR HIS SON, ERNEST LEWIS FERREN, JR., RETROACTIVE TO THE ORIGINAL DATE ON WHICH THE SOLDIER FILED FOR FAMILY ALLOWANCE ON BEHALF OF HIS WIFE, AUGUST 1942, AND READING IN PART AS FOLLOWS:

"SUBJECT SOLDIER STATES WHEN HE FILED FOR FAMILY ALLOWANCE IN BEHALF OF HIS WIFE HE ALSO TRIED TO CLAIM HIS SON, BUT AT THAT TIME THE BASE WHERE HE WAS STATIONED WOULD NOT ACCEPT HIS APPLICATION BY REASON THAT THERE (SIC) LAST NAMES DIFFERED. SOLDIER THEN DECIDED TO LET IT GO TILL SUCH TIME WHEN HE COULD TAKE HIS RIGHTFUL NAME OF ERNEST LEWIS FERRIN SR.'

BY LETTER OF JANUARY 15, 1953, THE RETAINED ACCOUNTS DIVISION, FINANCE CENTER, U.S. ARMY, ST. LOUIS, MISSOURI, BROUGHT TO SERGEANT FERREN'S ATTENTION THE MATTER OF THE ERRONEOUS PAYMENTS IN THIS CASE. THE SOLDIER REPLIED BY LETTER OF APRIL 8, 1953, TRANSMITTING A MONEY ORDER FOR $300 AND INDICATING HIS INTENTION OF REMITTING $100 PER MONTH UNTIL THE AMOUNT DUE WAS PAID. IN THAT LETTER HE STATED, AMONG OTHER THINGS, THAT---

"I WOULD LIKE SOME INFORMATION PERTAINING TO AN ALLOTMENT WHICH I DID NOT RECEIVE FOR MY OLDEST SON ERNEST L. FERREN JR. IN AUG., 1942 I PUT IN FOR A FAMILY ALLOTMENT AT FORT HANCOCK, N.J., BECAUSE OF THE DIFFERENCES IN NAME I WAS TURNED DOWN BY THE ORDERLY ROOM. I BELIEVE THAT WAS WHEN THE ERROR WAS MADE, I DID NOT AUTHORIZE A CLASS E ALLOTMENT FOR $45 BUT BELIEVED I SIGNED PAPERS FOR A FAMILY ALLOTMENT.

"UPON DISCHARGE I WAS TOLD OF THE ERROR AND ALSO THAT IN THE NEAR FUTURE I WOULD RECEIVE A DUNE (SIC) AND THAT I SHOULD WAIT UNTIL THAT TIME TO RENEW THE MATTER OF MY ELDEST SON'S ALLOTMENT.'

IN REPLY TO THE LETTER OF APRIL 8, 1953, COLONEL H. L. HALL, FINANCE CORPS, ADVISED SERGEANT FERREN BY LETTER OF AUGUST 2, 1954, THAT---

"A REVIEW OF YOUR RECORDS INDICATES THAT FAMILY ALLOWANCE FOR YOUR CHILD, ERNEST L. FERREN, R., WAS APPROVED EFFECTIVE 1 NOVEMBER 1947, AND CORRECT PAYMENT WAS MADE. THERE IS NO RECORD OF EARLIER CORRESPONDENCE OR APPLICATION PERTAINING TO FAMILY ALLOWANCE FOR THE CHILD AND INASMUCH AS FAMILY ALLOWANCE IS ONLY PAID RETROACTIVELY TO DATE OF APPLICATION, AN EARLIER DATE MAY NOT BE CONSIDERED.'

SECTION 107 OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, 56 STAT. 381, 383, IN EFFECT AT THE TIME THE SOLDIER SAYS HE FILED FOR A FAMILY ALLOWANCE FOR HIS OLDEST SON, PROVIDED THAT ANY MONTHLY FAMILY ALLOWANCE SHOULD BE PAID FOR THE PERIOD BEGINNING WITH THE DAY ON WHICH THE APPLICATION WAS FILED OR THE DAY ON WHICH THE DEPENDENT OR DEPENDENTS FIRST BECAME ENTITLED, WHICHEVER WAS LATER. BY THE ACT OF OCTOBER 26, 1943, 57 STAT. 577, THAT ACT WAS AMENDED TO PROVIDE, IN PART, AS FOLLOWS:

"/B) THE MONTHLY FAMILY ALLOWANCES PROVIDED FOR BY THIS TITLE SHALL BE PAID FOR THE PERIOD BEGINNING WITH THE FIRST DAY OF THE MONTH IN WHICH APPLICATION THEREFOR IS FILED, OR THE FIRST DAY OF THE MONTH IN WHICH THE DEPENDENT OR DEPENDENTS FIRST BECAME ENTITLED THERETO, WHICHEVER IS LATER. * * *"

IT IS APPARENT FROM THE RECORD THAT NO FORMAL APPLICATION WAS EVER FILED BY THE SOLDIER FOR SUCH ALLOWANCE AND IN THE ABSENCE OF SUCH APPLICATION NO PAYMENT WAS AUTHORIZED. ACCORDINGLY, THERE IS NO BASIS ON WHICH OUR OFFICE MAY PROPERLY ALLOW THE CLAIM.