B-131428, MAY 24, 1957

B-131428, MAY 24, 1957

TO TREASURER OF THE UNITED STATES, TREASURY DEPARTMENT:

ON JANUARY 8, 1957, THE SPECIAL ASSISTANT TREASURER, REFERENCE CC-465 WJH, FORWARDED TO US THE FILE AND REQUESTED ADVICE AS TO WHETHER FURTHER RECLAMATION ACTION SHOULD BE TAKEN WITH RESPECT TO THE FOLLOWING ALLOTMENT CHECKS FOR $100 EACH DRAWN TO THE ORDER OF HAZEL LEVESQUE:

TABLE

CHECK NO. DATE

16,427,406 1/14/55

16,549.278 1/31/55

16,813,286 2/28/55

THE FACTS SHOW THAT YOUR OFFICE RECEIVED A NOTICE OF NONRECEIPT OF THE ABOVE ALLOTMENT CHECKS FROM THE UNITED STATES NAVY FINANCE CENTER IN CLEVELAND, OHIO. YOU WERE ADVISED BY THE NAVY FINANCE CENTER THAT THE CHECKS REPRESENTED BASIC ALLOWANCE FOR QUARTERS ON BEHALF OF HAZEL LEVESQUE, DEPENDENT OF PAUL EVANS LEVESQUE, AND THAT THE PROCEEDS OF EACH CHECK REPRESENT CONTRIBUTIONS OF $51.30 FROM THE GOVERNMENT AND $48.70 FROM MONEYS DUE THE SERVICEMAN. THE NAVY DEPARTMENT REQUESTED THAT THE AMOUNTS THEREOF BE RECOVERED IF NEGOTIATED ON FORGED ENDORSEMENTS AND THAT SETTLEMENT BE MADE WITH THE PAYEE WHO IS ENTITLED TO THE PROCEEDS THEREOF. RECLAMATION PROCEEDINGS WERE INSTITUTED AND RECOVERY WAS MADE ON CHECK NO. 16,813,286, ONLY. UPON INTERVIEW BY THE UNITED STATES SECRET SERVICE, THE ALLOTTER, PAUL E. LEVESQUE, ADMITTED HE WAS THE AUTHOR OF HIS WIFE'S PURPORTED ENDORSEMENT ON THE CHECKS AND THAT HE NEGOTIATED THEM WITHOUT AUTHORIZATION FROM HER. HE STATED HE USED THE PROCEEDS TO PAY BILLS INCURRED BY HIS WIFE. EFFORTS OF THE SECRET SERVICE TO LOCATE THE PAYEE AND HAVE HER EXECUTE A CLAIM FOR THE PROCEEDS OF THE CHECKS HAVE PROVEN UNSUCCESSFUL TO DATE AND HER PRESENT WHEREABOUTS IS UNKNOWN.

IN THE ABSENCE OF A FORMAL CLAIM FROM THE PAYEE AND A STATEMENT FROM HER EITHER ADMITTING OR DENYING THAT SHE RECEIVED THE BENEFIT OF THE AMOUNT OF THE CHECKS, IT APPEARS THAT RECLAMATION OF THE AMOUNT OF THE CHECKS FROM THE ENDORSERS WOULD BE UNWARRANTED. ACCORDINGLY, YOU ARE ADVISED THAT THE RECLAMATION PROCEEDINGS MAY BE ABANDONED AND THE AMOUNT RECOVERED ON THE ONE CHECK MAY BE RETURNED TO THE ENDORSERS SUSTAINING THE LOSS. HOWEVER, THE ENDORSERS SHOULD BE ADVISED THAT IN THE EVENT THE PAYEE SHOULD PERFECT HER CLAIM AND DENY THAT THE MONEY WAS USED FOR PAYMENT OF HER DEBTS IT MAY BE NECESSARY TO TAKE FURTHER RECLAMATION PROCEEDINGS WITH RESPECT THERETO.

WITH REGARD TO WHETHER CHECKS SUCH AS THESE MAY BE CONSIDERED A VOLUNTARY ALLOTMENT FROM THE PAY OF AN ENLISTED SERVICEMAN SO THAT PAYMENT TO HIM OF THE AMOUNT OF THE CHECK MAY BE CONSIDERED PROPER EVEN THOUGH THE CHECK IS DRAWN TO THE ORDER OF ANOTHER, YOU ARE ADVISE THAT SUCH CLASS "Q" ALLOTMENT CHECKS ARE ISSUED PURSUANT TO PROVISIONS OF LAW MAKING PROVISION FOR QUARTERS ALLOWANCE TO SERVICEMEN AND PROVIDING FOR ASSISTANCE OF THEIR DEPENDENTS WHICH ARE CODIFIED IN 37 U.S.C. 252 AND 50 U.S.C. APP. 2201, 2216. THE BASIC ALLOWANCES FOR QUARTERS OF AN ENLISTED MAN HAVING DEPENDENTS IS GENERALLY PAYABLE ONLY WHERE HE HAS IN EFFECT AN ALLOTMENT OF PAY NOT LESS THAN THE BASIC ALLOWANCE FOR QUARTERS (PAID BY THE GOVERNMENT) PLUS AT LEAST CERTAIN SPECIFIED AMOUNTS FOR THE SUPPORT OF THE DEPENDENTS ON WHOSE ACCOUNT THE QUARTERS ALLOWANCE IS CLAIMED. 37 U.S.C. 252/H). THE STATUTE, 37 U.S.C. 252/I), PROVIDES THAT THE "Q" ALLOTMENT CHECKS SHALL BE PAID TO OR ON BEHALF OF THE DEPENDENT. THE PROVISION RELATIVE TO PAYMENT TO OTHERS THAN THE DEPENDENT BUT ON HIS BEHALF IS APPARENTLY INTENDED TO ENABLE MINOR OR INCOMPETENT DEPENDENTS TO RECEIVE THE BENEFIT OF SUCH "Q" ALLOTMENT CHECKS. 50 U.S.C. 2206, AUTHORIZES THE SECRETARY OF THE MILITARY DEPARTMENT CONCERNED, WITH OR WITHOUT THE CONSENT OF THE ENLISTED MAN, TO DIRECT THE PAYMENT OF BASIC ALLOWANCE FOR QUARTERS AND THE ESTABLISHMENT AND PAYMENT OF AN APPROPRIATE ALLOTMENT FOR ASSISTANCE OF THE SERVICEMAN'S DEPENDENTS IN ANY CASE WHERE THE ENLISTED MAN DOES NOT CLAIM SUCH ALLOWANCE.

IN VIEW OF THESE PROVISIONS OF LAW, WE CONCLUDE THAT THE "Q" ALLOTMENT CHECKS ARE NOT VOLUNTARY ALLOTMENTS SO THAT PAYMENT OF THE AMOUNTS TO THE SERVICEMAN MAY BE CONSIDERED PROPER EVEN THOUGH THE CHECK IS DRAWN TO THE ORDER OF ANOTHER.