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CALABRESE: REFERENCE IS MADE TO YOUR LETTER OF JUNE 26. IT APPEARS THAT A FAMILY ALLOWANCE APPLICATION WAS FILED BY DOMINIC DELLAIRO FOR HIS ALLEGED WIFE. AN INVESTIGATION REVEALED THAT DOMINIC AND DOLORES WERE NOT MARRIED. THE ALLOTMENT WAS DISCONTINUED BUT IN THE MEANTIME 10 CHECKS HAD BEEN ISSUED BY THE GOVERNMENT IN THE TOTAL AMOUNT OF $500. PROVIDED THAT FOR ANY PERIOD DURING WHICH ANY ENLISTED MAN WAS 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 CERTAIN AMOUNT ($22 PER MONTH) TO BE CHARGED AGAINST THE PAY OF THE ENLISTED MAN. UNDER THE LAW IT WAS THE LEGAL DEPENDENT OR DEPENDENTS OF THE ENLISTED MAN WHO WERE ENTITLED TO THE FAMILY ALLOWANCE PAYMENTS.

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B-147139, SEP. 20, 1961

TO MR. VINCENT L. CALABRESE:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 26, 1961, ADDRESSED TO THE TREASURY DEPARTMENT, FISCAL SERVICE, APPARENTLY AS ATTORNEY FOR DOMINIC A. DELLAIRO, REQUESTING REVIEW OF OUR SETTLEMENT DATED DECEMBER 11, 1950, WHICH DISALLOWED HIS CLAIM FOR REFUND OF THE CHECK AGES AGAINST HIS PAY BY REASON OF ERRONEOUS PAYMENTS OF FAMILY ALLOWANCE FOR THE PERIOD AUGUST 1943 THROUGH MAY 1944, AT THE RATE OF $50 PER MONTH, INCIDENT TO HIS SERVICE AS AN ENLISTED MAN, UNITED STATES NAVY.

IT APPEARS THAT A FAMILY ALLOWANCE APPLICATION WAS FILED BY DOMINIC DELLAIRO FOR HIS ALLEGED WIFE, DOLORES AURORA DELLAIRO, INCIDENT TO HIS SERVICE AS AN ENLISTED MAN, SERVICE NO. 225-10-88, UNDER THE PROVISIONS OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, 56 STAT. 381, AS AMENDED. HOWEVER, AN INVESTIGATION REVEALED THAT DOMINIC AND DOLORES WERE NOT MARRIED. THE ALLOTMENT WAS DISCONTINUED BUT IN THE MEANTIME 10 CHECKS HAD BEEN ISSUED BY THE GOVERNMENT IN THE TOTAL AMOUNT OF $500.

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 WAS 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 CERTAIN AMOUNT ($22 PER MONTH) TO BE CHARGED AGAINST THE PAY OF THE ENLISTED MAN. UNDER THE LAW IT WAS THE LEGAL DEPENDENT OR DEPENDENTS OF THE ENLISTED MAN WHO WERE ENTITLED TO THE FAMILY ALLOWANCE PAYMENTS. IN THIS CONNECTION, SECTION 105 OF THE 1942 LAW PROVIDED IN PERTINENT PART THAT THE AMOUNT OF THE GOVERNMENT'S CONTRIBUTION TO THE CLASS A DEPENDENT SHALL BE AT A MONTHLY RATE OF ,$28, IF SUCH ENLISTED MAN HAS A WIFE BUT NO CHILD," AND SECTION 120 OF THE LAW PROVIDED THAT "THE TERM "WIFE" MEANS A LAWFUL WIFE.' HENCE, IT APPEARS THAT THE FULL AMOUNT OF THE ERRONEOUS PAYMENTS WAS PROPERLY CHARGED AGAINST THE ENLISTED MAN.

YOU SUGGESTED THAT AT LEAST PART OF THE AMOUNT PAID BY THE GOVERNMENT HAS BEEN REFUNDED BY ONE ANTHONY TURCO WHO APPEARS AS AN ENDORSER ON PART OF THE CHECKS. HOWEVER, BY LETTER DATED AUGUST 7, 1961, THE TREASURY DEPARTMENT, FISCAL SERVICE, ADVISED OUR OFFICE THAT THERE IS NO RECORD OF ANY RESTITUTION HAVING BEEN RECEIVED IN THAT OFFICE FROM ANTHONY TURCO OR FROM ANY OTHER PERSON, AND THAT THE CHECKS INVOLVED WERE NOT FORWARDED TO THE TREASURER OF THE UNITED STATES FOR RECLAMATION ON ACCOUNT OF THE ILLEGAL PAYMENTS.

ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, THERE IS NO AUTHORITY FOR REFUND OF THE CHECK AGES AGAINST THE ENLISTED MAN'S PAY ACCOUNT FOR THE FAMILY ALLOWANCE PAYMENTS. THEREFORE, THE DISALLOWANCE OF HIS CLAIM IS SUSTAINED.

THE ENCLOSURE WITH YOUR LETTER DATED JUNE 26, 1961, IS REQUIRED TO BE RETAINED HERE FOR OUR RECORDS. HOWEVER, A COPY THEREOF IS ENCLOSED.

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