B-131693, SEP. 17, 1957

B-131693, SEP. 17, 1957

TO MR. ALLEN STONE:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MARCH 2, 1957, CONCERNING AN INDEBTEDNESS RESULTING FROM CLASS E ALLOTMENT PAYMENTS MADE TO YOUR WIFE, HENRIETTA B. STONE, FOR THE 18-MONTH PERIOD FROM APRIL 1, 1947, TO SEPTEMBER 30, 1948.

IT APPEARS THAT DURING THE PERIOD FROM JUNE 1, 1946, TO JANUARY 31, 1947, YOU HAD IN EFFECT AN ALLOTMENT OF $200 A MONTH IN YOUR WIFE'S FAVOR AND THAT DEDUCTIONS FROM YOUR PAY FOR SUCH ALLOTMENT WERE PROPERLY MADE EXCEPT FOR JANUARY 1947, WHEN ONLY $100 WAS DEDUCTED. THE RECORDS SHOW THAT ON OR ABOUT SEPTEMBER 23, 1948, YOU MADE A CASH PAYMENT OF $100 TO COVER SUCH UNDERDEDUCTION. IT FURTHER APPEARS THAT THE ALLOTMENT WAS REDUCED TO $100 A MONTH EFFECTIVE FEBRUARY 1, 1947; THAT ON MARCH 5, 1947, YOU EXECUTED AND SIGNED WD AGO FORM 141 (ALLOTMENT OF PAY NOTIFICATION FORM) INCREASING THE ALLOTMENT TO $200 A MONTH EFFECTIVE APRIL 1, 1947; AND THAT ON MARCH 24, 1947, YOU SIGNED ANOTHER WD AGO FORM 141 DECREASING THE ALLOTMENT FROM $200 TO $100 EFFECTIVE APRIL 1, 1947. ALLOTMENT PAYMENTS OF $200 A MONTH- -- IN THE TOTAL AMOUNT OF $3,600--- WERE MADE TO YOUR WIFE FROM APRIL 1, 1947, THROUGH SEPTEMBER 30, 1948, WHEN THE ALLOTMENT WAS DISCONTINUED. SINCE ALLOTMENT DEDUCTIONS OF $100 A MONTH WERE MADE FROM YOUR PAY FOR THE PERIOD FROM APRIL 1, 1947, TO OCTOBER 31, 1948, IN THE TOTAL AMOUNT OF $1,900, THERE RESULTED ALLOTMENT PAYMENTS OF $1,700 IN EXCESS OF ALLOTMENT DEDUCTIONS MADE FROM YOUR PAY. YOU WERE RELIEVED FROM ACTIVE DUTY ON APRIL 13, 1949, AND THE SUM OF $862.65, REPRESENTING THE NET AMOUNT DUE YOU AS PAY AND ALLOWANCES AS OF THAT DATE, WAS APPLIED IN PARTIAL LIQUIDATION OF THE INDEBTEDNESS, LEAVING A BALANCE OF $837.35 DUE THE UNITED STATES.

YOU SAY THAT DURING THE ENTIRE PERIOD INVOLVED--- APRIL 1, 1947, TO SEPTEMBER 30, 1948--- YOU WERE IN EUROPE; THAT DURING SUCH PERIOD EXCESS ALLOTMENT PAYMENTS OF $100 A MONTH WERE MADE TO YOUR ESTRANGED WIFE; AND THAT YOU RECEIVED NO LETTERS FROM HER AND WERE TOTALLY UNAWARE OF THE EXACT AMOUNTS SHE WAS RECEIVING MONTHLY. YOU FURTHER SAY THAT YOU HAVE NEVER REALIZED ONE DOLLAR OF THE EXCESS PAYMENTS AND SUGGEST THAT THE FULL AMOUNT OF SUCH EXCESS PAYMENTS BE COLLECTED FROM THE RECIPIENT, MRS. HENRIETTA B. STONE. ON SUCH BASIS, YOU MAKE CLAIM FOR THE SUM OF $862.65 WITHHELD AT THE TIME OF YOUR DISCHARGE AND SUBSEQUENTLY APPLIED IN PARTIAL LIQUIDATION OF THE INDEBTEDNESS.

YOUR STATEMENTS DO NOT AGREE WITH THE INFORMATION WHICH WE HAVE RECEIVED FROM YOUR WIFE. SHE SAYS, AMONG OTHER THINGS, THAT SHE RECEIVED AN ALLOTMENT OF $100 FOR ONE OR TWO MONTHS--- PRESUMABLY FEBRUARY AND MARCH 1947; THAT AFTER LETTERS WERE WRITTEN TO YOU AND YOUR COMMANDING OFFICER, HE WROTE THAT YOU HAD AGREED TO RAISE THE ALLOTMENT TO $200 A MONTH TO TAKE CARE OF HER AND YOUR CHILD; AND THAT SHE WAS NOT AWARE THAT THEREAFTER YOU EXECUTED AND SIGNED AN ALLOTMENT FORM AGAIN DECREASING THE ALLOTMENT TO $100 A MONTH, EFFECTIVE APRIL 1, 1947. SHE ALSO SAYS THAT IN 1949 YOUR LAWYER PRESENTED STATEMENTS TO A BOSTON COURT SHOWING YOU HAD PAID AN ALLOTMENT OF $200 A MONTH TO HER FROM JUNE 1, 1946, TO SEPTEMBER 30, 1948, AND THAT YOU THEN SWORE YOU WERE AWARE OF SUCH PAYMENTS, INDICATING THAT YOU MAY SUBSEQUENTLY HAVE RATIFIED SUCH PAYMENTS BY CLAIMING THE BENEFIT OF THE PAYMENTS IN COURT PROCEEDINGS.

IN VIEW OF YOUR WIFE'S STATEMENTS, ON THE PRESENT RECORD YOU ARE NOT ENTITLED TO REFUND OF THE SUM OF $862.65 WITHHELD AT THE TIME OF YOUR DISCHARGE AND APPLIED IN PARTIAL LIQUIDATION OF THE INDEBTEDNESS. YOUR CLAIM WILL BE GIVEN FURTHER CONSIDERATION, HOWEVER, UPON RECEIPT OF A CERTIFIED COPY OF ALL THE PERTINENT COURT RECORDS AND THE AFFIDAVIT OF YOUR ATTORNEY SHOWING ALL THE FACTS RELATING TO THE ALLOTMENT OVERPAYMENTS AND THE ACTION TAKEN BY THE COURT ON THE BASIS OF SUCH PAYMENTS HAVING BEEN MADE.