B-85087, JUN 28, 1950

B-85087, JUN 28, 1950

PRECIS-UNAVAILABLE

THE HONORABLE, THE SECRETARY OF THE AIR FORCE:

BY THIRD INDORSEMENT DATED MARCH 31, 1949, FROM THE DIRECTOR OF FINANCE, COMPTROLLER, DEPARTMENT OF THE AIR FORCE, THERE WAS FORWARDED TO THIS OFFICE LETTER DATED NOVEMBER 12, 1948, FROM MAJOR A. H. RICKETTS, USAF, FINANCE OFFICER, REQUESTING DECISION WHETHER PAYMENT WAS LEGALLY AUTHORIZED ON A VOUCHER, TRANSMITTED THEREWITH, STATED IN FAVOR OF SECOND LIEUTENANT LELAND A. HOBBS, A0-590557, USAFR, COVERING INCREASED RENTAL AND SUBSISTENCE ALLOWANCES AS FOR AN OFFICER WITH DEPENDENTS (GRANDMOTHER IN LOCO PARENTIS) FOR THE PERIOD FROM JUNE 26, 1948, TO OCTOBER 31, 1948.

BY OFFICE LETTER OF APRIL 15, 1949, B-85087, MAJOR RICKETTS WAS ADVISED THAT WHILE THE OFFICER'S CLAIM WAS FOR INCREASED ALLOWANCES ON ACCOUNT OF DEPENDENTS (GRANDMOTHER IN LOCO PARENTIS), IT APPEARED FROM HIS SUPPLEMENTAL AFFIDAVIT EXECUTED ON OCTOBER 28, 1948, THAT THE CLAIMED IN LOCO PARENTIS RELATIONSHIP COMMENCED IN 1939 WHEN HE AND HIS SISTER WERE PLACED IN THE CUSTODY OF HIS GRANDFATHER AS LEGAL GUARDIAN; THAT IF, DURING THE PERIOD OF THE CLAIM, THE GRANDMOTHER AND GRANDFATHER WERE LIVING TOGETHER, THE DEPENDENCY STATUS OF ONE OR THE OTHER WAS FOR DETERMINATION ON THE BASIS OF THE FAMILY UNIT AND THE FAMILY INCOME, ORDINARILY, MUST BE CONSIDERED AS A GENERAL FUND FOR THE SUPPORT OF BOTH THE GRANDMOTHER AND THE GRANDFATHER; AND THAT SINCE IT WAS NOT CLEAR WHETHER THE GRANDPARENTS MAINTAINED A COMMON HOUSEHOLD, THE RECORD DID NOT AFFORD A PROPER BASIS FOR A DETERMINATION AS TO THE DEPENDENCY STATUS OF THE GRANDMOTHER IN LOCO PARENTIS. MAJOR RICKETTS WAS FURTHER ADVISED IN THE SAID LETTER THAT ACTION IN THE MATTER WOULD BE IN ABEYANCE FOR A REASONABLE TIME PENDING THE RECEIPT IN THIS OFFICE OF A SUPPLEMENTAL STATEMENT BY THE OFFICER EXPLAINING WHETHER THE GRANDFATHER WAS LIVING WITH THE GRANDMOTHER DURING THE PERIOD OF THE CLAIM, AND, IF SO, SHOWING (1) THE TOTAL GROSS MONTHLY INCOME OF THE GRANDFATHER FROM ALL SOURCES, ITEMIZED BY SOURCES, INCLUDING THE OFFICER'S CONTRIBUTIONS TO HIS SUPPORT, IF ANY; (2) THE AVERAGE MONTHLY LIVING EXPENSES OF THE GRANDFATHER; AND (3) WHETHER ANY PORTION OF THE GRANDFATHER'S LIVING EXPENSES WAS INCLUDED IN THE LIVING EXPENSES SHOWN IN THE OFFICER'S CERTIFICATE MADE APPLICABLE TO THE GRANDMOTHER IN LOCO PARENTIS, AND, IF SO, THE AMOUNT THEREOF. ALSO, THAT IN THE EVENT THE OFFICER'S SISTER WAS LIVING WITH THE GRANDMOTHER AND GRANDFATHER, OR IS SHE WAS BEING SUPPORTED BY THEM, THE SAID SUPPLEMENTAL STATEMENT SHOULD SHOW THE SAME INFORMATION WITH RESPECT TO THE SISTER AS THEREIN BEFORE REQUESTED WITH RESPECT TO THE GRANDFATHER.

THERE NOW HAS BEEN RECEIVED A LETTER DATED MARCH 2, 1950, FROM THE OFFICE OF THE DIRECTOR OF FINANCE, DEPARTMENT OF THE AIR FORCE, AND IT APPEARS FROM A 15TH INDORSEMENT DATED JANUARY 28, 1950, HEADQUARTERS, 3535TH BOMBARDMENT TRAINING WING, MATHER AIR FORCE BASE, MATHER FIELD, CALIFORNIA, SUBMITTED THEREWITH, THAT THE OFFICER MAY NOW BE STATIONED AT THE BASE, THUS INDICATING THAT ANOTHER DISBURSING OFFICER NOW IS CARRYING HIS PAY ACCOUNT. UNDER THE CIRCUMSTANCES, THIS DECISION IS BEING ADDRESSED TO YOU.

THERE ALSO WAS SUBMITTED WITH THE SAID LETTER OF MARCH 2, 1950, THE OFFICER'S CERTIFICATE DATED MAY 31, 1949, HIS UNDATED SUPPLEMENTAL CERTIFICATE, AND HIS CERTIFICATE DATED JANUARY 25, 1950, FROM WHICH IT APPEARS THAT DURING THE PERIOD INVOLVED THE GRANDMOTHER AND GRANDFATHER MAINTAINED A COMMON HOUSEHOLD; THAT THE OFFICER'S FOURTEEN YEAR OLD SISTER LIVED WITH THE GRANDPARENTS AND HAD NO INCOME; THAT THE GRANDFATHER HAS AN INCOME (OLD AGE PENSION) OF $50 PER MONTH; THAT THE LIVING EXPENSES OF THE GRANDFATHER AND THE SISTER WERE APPROXIMATELY $85 TO $100 PER MONTH, OR AN AVERAGE OF $92.50 PER MONTH; AND THAT THEIR LIVING EXPENSES WERE NOT INCLUDED IN THE LIVING EXPENSES OF THE GRANDMOTHER, WHICH WERE FROM $60 TO $80 PER MONTH, OR AN AVERAGE OF $70 PER MONTH. THUS, IT APPEARS THAT THE TOTAL LIVING EXPENSES OF THE FAMILY AVERAGED $162.50 PER MONTH. IN A CERTIFICATE THAT THE GRANDMOTHER HAD NO INCOME OTHER THAN HIS CONTRIBUTION, AND THAT DURING THE PERIOD OF HIS CLAIM HE CONTRIBUTED $320 TOWARD HER SUPPORT. HOWEVER, IN THE SAID CERTIFICATE DATED JANUARY 25, 1950, THE OFFICER NOW CERTIFIES "THAT DURING PERIOD OF CLAIM I CONTRIBUTED APPROXIMATELY $320.00 TO BE USED BY MY GRANDPARENTS AND SISTER," OR AN AVERAGE OF APPROXIMATELY $75 PER MONTH.

IT NOW APPEARS FROM THE EVIDENCE IN THE CASE, THAT THE AMOUNT OF THE OFFICER'S CONTRIBUTION ($75 PER MONTH), WHICH HE FIRST CERTIFIED WAS FOR THE SOLE SUPPORT OF THE GRANDMOTHER, WAS FOR THE SUPPORT OF BOTH GRANDPARENTS AND HIS MINOR SISTER AND THAT THEY LIVED TOGETHER IN A COMMON HOUSEHOLD. UNDER SUCH CIRCUMSTANCES, THE DEPENDENCY STATUS OF THE GRANDMOTHER IN LOCO PARENTIS IS FOR DETERMINATION ON THE BASIS OF THE FAMILY UNIT. ON THAT BASIS, THE FAMILY INCOME FROM SOURCES OTHER THAN THE OFFICER'S CONTRIBUTION WAS $50 PER MONTH (GRANDFATHER'S INCOME) AND THE FAMILY LIVING EXPENSES AVERAGED $162.50 PER MONTH. HENCE, WHILE THE STATED OTHER FAMILY INCOME ($50) WAS LESS THAN ONE HALF OF THE STATED AVERAGE MONTHLY CONTRIBUTION TO THE SUPPORT OF THE FAMILY ($75) WAS LESS-- NOT MORE-- THAN ONE-HALF OF THE FAMILY LIVING EXPENSES. IT FOLLOWS THAT ON THE PRESENT RECORD IT MAY NOT BE CONSIDERED ESTABLISHED THAT THE GRANDMOTHER IN LOCO PARENTIS WAS IN FACT DEPENDENT UPON THE OFFICER FOR CHIEF SUPPORT DURING THE PERIOD FROM JUNE 26, 1948, TO OCTOBER 31, 1948, AND PAYMENT ON THE VOUCHER IS NOT AUTHORIZED. THE SAID VOUCHER AND THE OTHER PAPERS SUBMITTED IN THE MATTER ARE RETAINED IN THIS OFFICE.