B-140691, DEC. 3, 1959

B-140691, DEC. 3, 1959

TO MR. ATHANAS R. THEOCKARY:

REFERENCE IS MADE TO YOUR LETTER DATED APRIL 17, 1959, ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, WHICH WAS FORWARDED HERE FOR CONSIDERATION AND REPLY. IN YOUR LETTER YOU REQUEST THAT IF THE FAMILY ALLOWANCE CHECKS ISSUED TO YOUR MOTHER DURING YOUR PERIOD OF SERVICE IN THE ARMY OF THE UNITED STATES WERE STOPPED OR UNDELIVERABLE, THAT YOU BE REIMBURSED FOR THAT PORTION OF THE ALLOWANCE CONTRIBUTED BY YOU FOR THE PERIOD JANUARY 1, 1944, THROUGH NOVEMBER 30, 1945. SINCE A SIMILAR CLAIM, PRESENTED BY LETTER DATED MARCH 12, 1951, WAS DISALLOWED BY OUR CLAIMS DIVISION SETTLEMENT DATED JUNE 18, 1951, YOUR PRESENT LETTER IS CONSIDERED AS IN THE NATURE OF A REQUEST FOR RECONSIDERATION OF THAT SETTLEMENT.

IT APPEARS THAT A FAMILY ALLOWANCE APPLICATION WAS FILED BY YOU FOR YOUR MOTHER, MRS. GLIGIRIA VANGYEL THEOCKARY, OF KORCE, ALBANIA, ON DECEMBER 20, 1943, AND BENEFITS WERE APPROVED FOR HER EFFECTIVE JANUARY 1, 1944. THE ALLOWANCE, AT THE RATE OF $37 A MONTH, CEASED ON NOVEMBER 30, 1945, THE END OF THE MONTH IN WHICH YOUR DISCHARGE FROM THE ARMY OCCURRED. DUE TO WAR CONDITIONS PROHIBITING PAYMENTS TO ANYONE RESIDING IN ALBANIA, CHECKS FOR THE PERIOD JANUARY 1, 1944, THROUGH FEBRUARY 28, 1945, WERE SENT TO THE TREASURY DEPARTMENT TO BE HELD UNTIL PAYMENTS COULD BE RELEASED UPON RECEIPT OF A CLAIM THEREFOR AND THE COMPLETION OF AN INVESTIGATION REQUIRED IN CASES OF THAT NATURE.

UPON THE RELEASE OF ALBANIA AS A BLOCKED COUNTRY, CHECKS WERE MAILED DIRECTLY TO YOUR MOTHER BY THE WAR DEPARTMENT (NOW DEPARTMENT OF THE ARMY) COVERING THE PERIOD MARCH 1, 1945, THROUGH NOVEMBER 30, 1945. THE RECORD INDICATES THAT CHECKS COVERING PAYMENTS FOR THE PERIOD MARCH 1 TO NOVEMBER 30, 1945, EXCEPT APRIL 1945, WERE RECEIVED AND NEGOTIATED BY THE PAYEE, YOUR MOTHER. THE CHECK FOR APRIL 1945 WAS NOT CASHED BY THE PAYEE DURING THE PERIOD OF ITS NEGOTIABILITY, AND IT WAS NECESSARY FOR OUR OFFICE TO STATE A SETTLEMENT IN HER FAVOR ON JULY 8, 1947, FOR THE AMOUNT OF THAT CHECK BUT THE CHECK ISSUED PURSUANT TO THE SETTLEMENT WAS HELD UNDELIVERABLE DUE TO CONDITIONS IN ALBANIA. THE PERIOD OF NEGOTIABILITY OF THE CHECKS COVERING THE PERIOD JANUARY 1944 THROUGH FEBRUARY 1945 (HELD BY THE TREASURY), ALSO HAVING EXPIRED, A SINGLE CHECK IN THE AMOUNT OF $518 WAS ISSUED AND AFTER ATTEMPTED DELIVERY TO THE PAYEE THROUGH THE FACILITIES OF THE DEPARTMENT OF STATE, THE CHECK WAS RETURNED AS UNDELIVERABLE. THE PROCEEDS OF THESE CHECKS ARE NOW BEING HELD IN THE UNCURRENT CHECK ACCOUNT, UNTIL SUCH TIME AS THE PROHIBITION AGAINST THE FORWARDING OF CHECKS TO ALBANIA IS LIFTED.

THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, 56 STAT. 381, AS AMENDED BY THE ACT OF OCTOBER 26, 1943, 57 STAT. 577, PROVIDED THAT FOR ANY PERIOD DURING WHICH ANY ENLISTED MAN IS IN THE ACTIVE MILITARY SERVICE OF THE UNITED STATES, HIS DEPENDENT OR DEPENDENTS SHOULD BE ENTITLED TO RECEIVE A MONTHLY FAMILY ALLOWANCE CONSISTING OF THE GOVERNMENT'S CONTRIBUTION AND A REDUCTION IN, OR CHARGE AGAINST, THE PAY OF THE ENLISTED MAN IN THE AMOUNT OF $22 A MONTH. UNDER THE LAW IT WAS THE DEPENDENT OR DEPENDENTS OF THE ENLISTED MAN, AND NOT THE ENLISTED MAN HIMSELF, WHO WERE ENTITLED TO THE FAMILY ALLOWANCE PAYMENTS. HENCE, SINCE IT IS THE DEPENDENTS WHO HAVE A RIGHT TO THE FULL AMOUNT OF THE FAMILY ALLOWANCE PAYMENTS, THERE IS NO AUTHORITY FOR THE REFUND TO YOU OF THE AMOUNTS DEDUCTED FROM YOUR PAY AS YOUR CONTRIBUTION, SO LONG AS IT APPEARS THAT YOUR DEPENDENT MAY BE ALIVE AND ENTITLED TO THE ALLOWANCE. NOR DOES IT APPEAR THAT PAYMENT MAY BE MADE TO YOUR DEPENDENT UNTIL SUCH TIME AS THE PROHIBITION AGAINST THE FORWARDING OF CHECKS TO ALBANIA IS LIFTED,OR YOUR DEPENDENT RELOCATES IN A COUNTRY TO WHICH CHECKS MAY BE FORWARDED.

ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, THERE APPEARS TO BE NO AUTHORITY OF LAW FOR REFUND TO YOU OF THE AMOUNT OF YOUR CONTRIBUTION TO THE FAMILY ALLOWANCE FOR THE PERIOD JANUARY 1944 THROUGH FEBRUARY 1945 AND FOR APRIL 1945.