B-132647, OCT. 1, 1957

B-132647, OCT. 1, 1957

TO MR. GEORGE D. MORRISON:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JUNE 24, 1957, CONCERNING THE MATTER OF YOUR REPORTED INDEBTEDNESS INCIDENT TO YOUR SERVICE AS AN ENLISTED MAN IN THE U.S. AIR FORCE DURING THE PERIOD FROM OCTOBER 9, 1950, TO JANUARY 30, 1952.

THE INDEBTEDNESS AS REPORTED TO OUR OFFICE BY THE DEPARTMENT OF THE AIR FORCE WAS STATED IN THE AMOUNT OF $123.78 AND WAS SHOWN AS CONSISTING OF (1) UNDERDEDUCTION OF CLASS Q ALLOTMENT IN THE AMOUNT OF $60 AND (2) ERRONEOUS PAYMENT OF BASIC ALLOWANCE FOR QUARTERS IN THE AMOUNT OF $63.78. THE RECORDS SHOW THAT THE DEPARTMENT OF THE AIR FORCE DETERMINED THAT THE DEPENDENCY OF YOUR MOTHER, MRS. CAROLYN E. MORRISON, WAS NOT ESTABLISHED PRIOR TO JUNE 5, 1951, AND THAT FOR SUCH REASON, YOU WERE INCORRECTLY CREDITED WITH BASIC ALLOWANCE FOR QUARTERS FOR THE PERIOD ENDING JUNE 4, 1951. IT APPEARS FROM AN EXAMINATION OF YOUR PAY ACCOUNT FOR THE PERIOD FROM JANUARY 1 TO 30, 1952, THAT THE GROSS AMOUNT DUE YOU AS PAY AND ALLOWANCES FOR THAT PERIOD, PLUS THE AMOUNT CARRIED FORWARD FROM THE PREVIOUS PERIOD, WAS $388.64. AFTER DEDUCTING WITHHOLDING TAX OF $17.90 AND A PAYMENT OF $20.52, THERE REMAINED DUE YOU THE AMOUNT OF $350.22. OF THAT AMOUNT, $67.50 WAS DEDUCTED FOR JANUARY 1952 IN SUPPORT OF YOUR CLASS Q ALLOTMENT OF $127.50 (LEAVING A BLANCE OF $60 DUE FOR THAT ALLOTMENT) AND THE REMAINDER OF $282.72 WAS APPLIED IN PARTIAL LIQUIDATION OF THE SUM OF $346.50, WITH WHICH YOU WERE CREDITED AS BASIC ALLOWANCE FOR QUARTERS FOR THE PERIOD FROM JANUARY 1 TO JUNE 4, 1951 (LEAVING A BALANCE DUE OF $63.78). THUS, THE AMOUNT OF THE INDEBTEDNESS AS REPORTED TO US BY THE DEPARTMENT OF THE AIR FORCE WAS $123.78 ($60 PLUS $63.78). NO PART OF YOUR MUSTERING-OUT PAY WAS APPLIED IN LIQUIDATION OF THE INDEBTEDNESS. CONCERNING THAT ALLOTMENT CHECK TO WHICH YOU REFER, THAT CHECK APPARENTLY WAS MAILED TO YOUR MOTHER. SINCE IT WAS AN ALLOTMENT FROM YOUR PAY, YOU PROPERLY WERE CHARGED WITH THE FULL AMOUNT OF $127.50 AND SINCE, AS SHOWN ABOVE, ONLY $67.50 WAS DEDUCTED ON YOUR ACCOUNT, THE BALANCE OF $60 IS STILL OWED BY YOU.

IT APPEARS TO BE YOUR CONTENTION THAT YOUR MOTHER WAS DEPENDENT UPON YOU DURING THE ENTIRE PERIOD OF YOUR SERVICE AND THAT ACCORDINGLY, YOU WERE PROPERLY CREDITED WITH BASIC ALLOWANCE FOR QUARTERS FOR THE PERIOD ENDING JUNE 4, 1951, AS WELL AS FOR THE PERIOD BEGINNING JUNE 5, 1951. ON SUCH GROUNDS YOU BELIEVE THAT THE DETERMINATION OF THE DEPARTMENT OF THE AIR FORCE WAS ERRONEOUS AND THAT YOU SHOULD RECEIVE A REFUND OF THE AMOUNT WITHHELD TO COVER CREDITS FOR BASIC ALLOWANCE FOR QUARTERS FOR THE PERIOD ENDING JUNE 4, 1951.

THE TERM "DEPENDENT" IS DEFINED IN SECTION 102A (G) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 804, AS AMENDED BY THE DEPENDENTS ASSISTANCE ACT OF 1950, 64 STAT. 794, IN CONNECTION WITH THE AUTHORIZATION OF PAYMENT OF BASIC ALLOWANCE FOR QUARTERS AS INCLUDING A FATHER OR MOTHER PROVIDED HE OR SHE IS IN FACT DEPENDENT ON THE SERVICE MEMBER FOR OVER HALF OF HIS OR HER SUPPORT. AS TO YOUR MOTHER'S DEPENDENCY, THE DEPARTMENT OF THE AIR FORCE DETERMINED THAT THE EVIDENCE SUBMITTED FAILED TO ESTABLISH THE DEPENDENCY OF YOUR MOTHER PRIOR TO JUNE 5, 1951, AND HENCE YOU WERE NOT ENTITLED TO THE ALLOWANCE ON HER BEHALF PRIOR TO THAT DATE.

SECTIONS 10 AND 11 OF THE DEPENDENTS ASSISTANCE ACT OF 1950, 64 STAT. 796, PROVIDE AS FOLLOWS:

"SEC. 10. THE SECRETARIES OF THE DEPARTMENTS CONCERNED ARE AUTHORIZED TO PRESCRIBE SUCH REGULATIONS FOR THE ADMINISTRATION OF THIS ACT AS MAY BE DEEMED NECESSARY TO ENABLE THEM TO CARRY OUT THE PROVISIONS OF THIS ACT AND SUCH REGULATIONS SHALL, AS FAR AS PRACTICABLE, BE UNIFORM. ALL WAIVERS AND DETERMINATIONS, INCLUDING DETERMINATIONS OF DEPENDENCY AND RELATIONSHIP SHALL BE MADE BY THE SECRETARY OF THE DEPARTMENT CONCERNED OR SUCH OTHER PERSON OR PERSONS AS HE MAY DESIGNATE, AND THE SECRETARY OF THE DEPARTMENT CONCERNED OR HIS DESIGNEE IS AUTHORIZED TO DELEGATE OR REDELEGATE SUCH AUTHORITY: PROVIDED, THAT THE AUTHORITY GRANTED IN THIS SECTION TO THE SEVERAL SECRETARIES OF THE DEPARTMENTS CONCERNED MAY BY JOINT AGREEMENT BE EXERCISED BY ANY ONE OF THE SECRETARIES FOR ANY OTHER DEPARTMENT OR DEPARTMENTS CONCERNED.

"SEC. 11. ANY DETERMINATIONS OR WAIVERS MADE UNDER THIS ACT SHALL BE FINAL AND CONCLUSIVE FOR ALL PURPOSES AND SHALL NOT BE SUBJECT TO REVIEW IN ANY COURT OR BY ANY ACCOUNTING OFFICER OF THE GOVERNMENT, EXCEPT FOR CASES INVOLVING FRAUD OR GROSS NEGLIGENCE. THE SECRETARY OF THE DEPARTMENT CONCERNED MAY AT ANY TIME ON THE BASIS OF NEW EVIDENCE OR FOR OTHER GOOD CAUSE RECONSIDER OR MODIFY ANY SUCH DETERMINATIONS, AND MAY WAIVE THE RECOVERY OF ANY MONEY ERRONEOUSLY PAID UNDER THIS ACT WHENEVER HE FINDS THAT SUCH RECOVERY WOULD BE AGAINST EQUITY AND GOOD CONSCIENCE.'

UNDER THESE PROVISIONS OF LAW WE MAY NOT QUESTION THE DETERMINATION MADE IN YOUR CASE. THE FINALITY OF AN ADMINISTRATIVE DETERMINATION, WHERE SO PROVIDED BY STATUTE IS NOT UNUSUAL. SEE BREWER V. UNITED STATES, 117 F.SUPP. 842; MCLENDON V. UNITED STATES, 123 F.SUPP. 765.

SINCE THE DEPARTMENT OF THE AIR FORCE HAS DETERMINED THAT THE DEPENDENCY OF YOUR MOTHER WAS NOT ESTABLISHED PRIOR TO JUNE 5, 1951, ALL CREDITS FOR BASIC ALLOWANCE FOR QUARTERS FOR THE PERIOD FROM OCTOBER 9, 1950, TO JUNE 4, 1951, WERE ERRONEOUS. IN THE EXAMINATION OF YOUR PAY ACCOUNT FOR THE PERIOD INVOLVED IT WAS FOUND THAT NO ADJUSTMENT WAS MADE TO COVER THE CREDIT OF BASIC ALLOWANCE FOR QUARTERS FROM OCTOBER 9 TO DECEMBER 31, 1950, IN THE TOTAL AMOUNT OF $141.75, AND, ALSO, THAT THERE WAS AN UNDERCREDIT IN YOUR PAY FOR THE PERIOD FROM JULY 1 TO SEPTEMBER 7, 1951, IN THE AMOUNT OF $1. ACCORDINGLY, THE AMOUNT OF YOUR INDEBTEDNESS IS INCREASED BY THE NET AMOUNT OF $140.75 FROM $123.78TO $264.53.

IMMEDIATE STEPS SHOULD BE TAKEN BY YOU TO MAKE COMPLETE PAYMENT OF THE AMOUNT OF THIS INDEBTEDNESS, OR TO SUBMIT AN ACCEPTABLE PLAN FOR ITS FINAL SETTLEMENT BY INSTALLMENTS, IN ORDER THAT FURTHER COLLECTION ACTION WILL NOT BE NECESSARY. PAYMENTS MADE BY YOU SHOULD BE IN THE FORM OF BANK DRAFTS, CHECKS OR MONEY ORDERS PAYABLE TO "U.S. GENERAL ACCOUNTING OFFICE" AND FORWARDED TO U.S. GENERAL ACCOUNTING OFFICE, POST OFFICE BOX 2610, WASHINGTON 13, D.C., REFERRING TO DW-Z-1526619 FWC-16.