B-163712, MAR. 27, 1968

B-163712, MAR. 27, 1968

TO SPECIALIST JOHN H. MCCLURE:

REFERENCE IS MADE TO YOUR CLAIM FOR REFUND OF CLASS Q ALLOTMENT DEDUCTED FROM YOUR PAY FOR THE MONTH OF SEPTEMBER 1967.

ON SEPTEMBER 6, 1967, YOU EXECUTED DA FORM 1341, ALLOTMENT AUTHORIZATION, REQUESTING THAT CLASS Q ALLOTMENT IN THE AMOUNT OF $95.20 TO THE CLERK OF THE DISTRICT COURT, DOUGLAS COUNTY, NEBRASKA, BE STOPPED AT THE END OF THE MONTH OF AUGUST 1967. WHILE THE REMARKS APPEARING IN BLOCK 33 THEREOF INDICATE THAT SUPPORT OF YOUR MINOR CHILD WAS BEING DISCONTINUED DUE TO ADOPTION BY YOUR FORMER WIFE'S HUSBAND ON AUGUST 25, 1967, THE REASON FOR THE REQUEST IS LISTED AS YOUR PROMOTION TO GRADE E-5 EFFECTIVE AUGUST 31, 1967, A GRADE NOT REQUIRING THAT THERE BE IN EFFECT AN ALLOTMENT OF PAY FOR THE SUPPORT OF DEPENDENTS IN ORDER TO RECEIVE BASIC ALLOWANCE FOR QUARTERS.

THE EFFECTIVE DATE OF DISCONTINUANCE OF CLASS Q ALLOTMENT WAS CHANGED, WITHOUT YOUR KNOWLEDGE, TO READ SEPTEMBER 1967. THE FORM 1341 WAS NOT RECEIVED AT THE ARMY FINANCE CENTER UNTIL SEPTEMBER 25, 1967. AS A RESULT, A CLASS Q ALLOTMENT CHECK IN THE AMOUNT OF $95.20 WAS FORWARDED TO THE CLERK OF THE DISTRICT COURT, DOUGLAS COUNTY, NEBRASKA, CASHED AND A CHECK REISSUED TO YOUR FORMER WIFE. ALSO, A CLASS Q ALLOTMENT CHECK IN THE AMOUNT OF $49.80 WAS RELEASED TO YOUR PRESENT WIFE FOR SEPTEMBER 1967. YOU STATE THAT YOU WERE ASSURED THAT YOU HAD NOTIFIED YOUR FINANCE AND ACCOUNTING OFFICE IN AMPLE TIME TO STOP THE CLASS Q ALLOTMENT.

A CLASS Q ALLOTMENT GENERALLY REMAINS IN EFFECT UNTIL IT IS STOPPED BY PROPER AUTHORIZATION OF THE ALLOTTER RECEIVED IN THE ISSUING OFFICE IN SUFFICIENT TIME FOR THE ACTION REQUESTED TO BE TAKEN. PARAGRAPH 2 80, CHANGE 12, DATED JUNE 30, 1967, OF AR 37-104-2, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

"D. (B.) DECREASES. DECREASES IN CLASS Q ALLOTMENTS DUE TO A LOSS OF A DEPENDENT OR DEMOTION FROM PAY GRADE E-4 (4 YEARS OR LESS SERVICE) ARE MADE EFFECTIVE AT THE END OF THE MONTH PRIOR TO THE MONTH IN WHICH THE CHANGE IN STATUS OCCURS, PROVIDED SUCH FORMS CAN BE SUBMITTED TO REACH ALLOTMENTS AND DEPOSITS OPERATIONS NOT LATER THAN THE 10TH DAY OF THE MONTH FOLLOWING THE MONTH OF DISCONTINUANCE. WHEN THIS IS NOT PRACTICAL, APPROPRIATE DEDUCTIONS WILL BE MADE FROM THE MEMBER'S PAY FOR THE MONTH IN WHICH THE CHANGE IN STATUS OCCURS. THE FORM TO DISCONTINUE THE ALLOTMENT WILL THEN BE MADE EFFECTIVE AT THE END OF THE MONTH IN WHICH THE CHANGE IN STATUS OCCURS AND WILL BE SUBMITTED IN TIME TO REACH ALLOTMENTS AND DEPOSITS OPERATIONS BY THE 10TH OF THE FOLLOWING MONTH.

"C. SUBMISSION DATES. EXCEPT AS OTHERWISE PROVIDED ABOVE, DISCONTINUANCE DOCUMENTS WILL BE SUBMITTED IN TIME TO REACH ALLOTMENTS AND DEPOSITS OPERATIONS NOT LATER THAN THE 10TH DAY OF THE MONTH FOLLOWING THE MONTH OF DISCONTINUANCE. EXAMPLE: CLASS Q ALLOTMENT TO BE DISCONTINUED 31 JANUARY -- DOCUMENTS MUST BE SUBMITTED IN TIME TO REACH ALLOTMENTS AND DEPOSITS OPERATIONS NOT LATER THAN 10 FEBRUARY. IN CASES WHERE ALLOTMENTS AND DEPOSITS OPERATIONS CANNOT TERMINATE THE ALLOTMENT IN ACCORDANCE WITH THE EFFECTIVE DISCONTINUANCE DATE REQUESTED ON THE DOCUMENT, THE DISCONTINUANCE DATE ON THE DOCUMENT WILL BE MODIFIED AND THE PROPER FINANCE AND ACCOUNTING OFFICER WILL BE SO NOTIFIED. UPON RECEIPT OF THE NOTICE FROM ALLOTMENTS AND DEPOSITS OPERATIONS, APPROPRIATE ADJUSTMENTS WILL BE MADE TO THE SERVICE MEMBER'S MILITARY PAY VOUCHER.'

THE CHANGE IN YOUR STATUS DURING THE MONTH OF AUGUST 1967 OCCURED TOO LATE FOR A DECREASE IN YOUR CLASS Q ALLOTMENT TO BECOME EFFECTIVE AT THE END OF JULY 1967 UNDER PARAGRAPH 2-80B. FURTHERMORE, THERE IS GRAVE DOUBT THAT YOUR REQUEST DATED SEPTEMBER 6, 1967, WAS SUBMITTED IN TIME TO REACH ALLOTMENTS AND DEPOSITS OPERATIONS IN INDIANAPOLIS, INDIANA, NOT LATER THAN SEPTEMBER 10, 1967, AS REQUIRED BY PARAGRAPH 2 80C EVEN IF IT HAD BEEN PROMPTLY PROCESSED BY THE FINANCE AND ACCOUNTING OFFICE AT YOUR STATION, FORT MYER, VIRGINIA. SINCE THE DISCONTINUANCE NOTICE WAS NOT TIMELY RECEIVED, THE PAYMENT OF CLASS Q ALLOTMENT TO THE CLERK OF THE DISTRICT COURT, DOUGLAS COUNTY, NEBRASKA, ON THE BASIS OF THE INFORMATION IN ALLOTMENTS AND DEPOSITS OPERATIONS AT THE TIME THE CHECK WAS ISSUED AND MAILED, WAS A PROPER PAYMENT FOR WHICH DEDUCTION FROM YOUR PAY WAS REQUIRED TO BE MADE.