B-25738, MAY 23, 1942, 21 COMP. GEN. 1044

B-25738, MAY 23, 1942, 21 COMP. GEN. 1044

AFFIDAVITS - DEPENDENCY - FILING REQUIREMENTS WHERE, DURING THE PRESENT WAR, UNUSUAL CONDITIONS PREVENT ARMY OFFICERS SERVING OVERSEAS FROM SUBMITTING EACH 6 MONTHS THE AFFIDAVITS OF DEPENDENT MOTHERS REQUIRED BY GENERAL REGULATIONS NO. 57 IN SUPPORT OF CLAIMS FOR INCREASED ALLOWANCES ON ACCOUNT OF DEPENDENT MOTHERS, THE AFFIDAVITS MAY BE SUBMITTED WITHIN 2 YEARS FROM THE DATE OF FILING THE LAST, BUT IF AN OFFICER RETURNS TO THE UNITED STATES WITHIN THE 2-YEAR PERIOD, THE AFFIDAVIT SHOULD ACCOMPANY HIS FIRST PAY AND ALLOWANCE VOUCHER AFTER ARRIVAL, OR IF HIS MOTHER'S DEPENDENCY STATUS CHANGES DURING THE PERIOD THROUGH REMARRIAGE, ETC., HE SHOULD IMMEDIATELY NOTIFY THE DISBURSING OFFICER INVOLVED TO DISCONTINUE PAYMENTS EFFECTIVE FROM DATE OF CESSATION OF DEPENDENCY.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF WAR, MAY 23, 1942:

THERE HAS BEEN RECEIVED YOUR LETTER OF APRIL 29, 1942, AS FOLLOWS:

UNDER THE PROVISIONS OF PARAGRAPH 6D, AR 35-4220, IT IS REQUIRED THAT AN OFFICER WHO IS RECEIVING INCREASED ALLOWANCES BECAUSE OF HIS DEPENDENT MOTHER MUST SUBMIT A RENEWED AFFIDAVIT OF THE MOTHER ON THE FIRST DAY OF JANUARY AND THE FIRST DAY OF JULY EACH YEAR. MANY OF THESE OFFICERS ARE NOW SERVING OVERSEAS, AND, IN VIEW OF THE FACT THAT MAIL COMMUNICATION WITH MANY OF THE OVERSEAS STATIONS HAS BEEN TEMPORARILY SUSPENDED, IT WILL BE PRACTICALLY IMPOSSIBLE IN SUCH CASES FOR THE MOTHER TO FORWARD THE RENEWED AFFIDAVIT TO THE OFFICER SON FOR SUBMISSION WITH HIS PAY VOUCHER.

IN VIEW OF EXISTING CONDITIONS, IT IS REQUESTED THAT CONSIDERATION BE GIVEN TO THE SUSPENSION OF THE REQUIREMENT OF THE ABOVE-CITED REGULATION DURING THE PERIOD OF THE EMERGENCY, AND THAT THIS OFFICE BE AUTHORIZED TO ADVISE DISBURSING OFFICERS THAT, AFTER THE INITIAL APPROVAL BY YOUR OFFICE OF A CLAIM FOR ADDITIONAL ALLOWANCES BECAUSE OF A DEPENDENT MOTHER, PAYMENT OF SUCH ALLOWANCES TO THE OFFICER MAY CONTINUE WHILE HE IS ON OVERSEAS SERVICE AND CONDITIONS PREVENT THE FILING OF THE RENEWED AFFIDAVIT.

AS THIS IS A MATTER OF GREAT CONCERN TO THE SERVICE, A PROMPT INDICATION OF YOUR VIEWS WILL BE APPRECIATED.

STANDARD FORM NO. 1037, APPROVED BY THE COMPTROLLER GENERAL OF THE UNITED STATES SEPTEMBER 3, 1926, WAS PRESCRIBED FOR USE OF THE SERVICES COMING WITHIN THE PURVIEW OF THE ACT OF JUNE 10, 1922, 42 STAT. 625, BY GENERAL ACCOUNTING OFFICE GENERAL REGULATIONS NO. 57, 6 COMP. GEN. 881, APPENDIX.

PARAGRAPH 3 OF THE REGULATIONS, SUPRA, PROVIDES:

3. THE AFFIDAVIT OF THE MOTHER MUST BE REGULARLY RENEWED ON THE ST DAY OF JANUARY AND JULY OF EACH YEAR AND SUBMITTED WITH VOUCHER COVERING PERIOD FOR WHICH CLAIM IS FIRST MADE THEREAFTER, EXCEPT THAT WHEN IN THE INTERVAL CHANGES MATERIALLY AFFECTING THE CONDITION OF DEPENDENCY HAVE OCCURRED A NEW AFFIDAVIT WILL BE REQUIRED AND SUBMITTED AT ONCE.

THE PURPOSE OF THE ABOVE-QUOTED PROVISION IS OBVIOUS. AN OFFICER'S MOTHER MAY HAVE BEEN DEPENDENT ON HIM WITHIN THE MEANING OF THE LAW AT THE TIME SHE EXECUTED HER AFFIDAVIT ON STANDARD FORM NO. 1037, BUT SUBSEQUENT THERETO CHANGES MAY OCCUR WHICH WOULD TERMINATE HER DEPENDENCY ON THE CLAIMING OFFICER. THE 6 MONTHS' PERIOD FOR RENEWAL OF THE AFFIDAVIT WAS FIXED AS A REASONABLE PERIOD OF TIME FOR REQUIRING EVIDENCE THAT CONDITIONS OF DEPENDENCY CONTINUE TO EXIST.

YOUR REQUEST THAT YOUR OFFICE BE AUTHORIZED TO ADVISE DISBURSING OFFICERS THAT, AFTER THE INITIAL APPROVAL BY THIS OFFICE OF A CLAIM FOR ADDITIONAL ALLOWANCES FOR DEPENDENT MOTHER, SUCH PAYMENT TO THE OFFICER MAY CONTINUE WHILE HE IS ON OVERSEAS DUTY AND CONDITIONS PREVENT THE FILING OF A NEW AFFIDAVIT, WOULD, IN EFFECT, REQUIRE THIS OFFICE TO APPROVE PAYMENT OF THE ADDITIONAL ALLOWANCES FOR AN INDEFINITE PERIOD ON THE BASIS OF FACTS EXISTING AT SOME TIME IN THE PAST. IT HAS BEEN THE UNIFORM PRACTICE TO AUTHORIZE SUCH PAYMENTS ONLY FOR THE PERIOD COVERED BY THE VOUCHER SUBMITTED TO THIS OFFICE FOR DECISION, WITH THE UNDERSTANDING, OF COURSE, THAT PAYMENTS FOR SUBSEQUENT PERIODS WOULD BE PASSED TO CREDIT IN THE DISBURSING OFFICER'S ACCOUNTS SO LONG AS THE PERIODICAL AFFIDAVITS SHOW NO CHANGE MATERIALLY AFFECTING THE CONDITION OF THE MOTHER'S DEPENDENCY. HOWEVER, IN VIEW OF THE UNUSUAL CONDITIONS UNDER WHICH OFFICERS ARE NOW SERVING AT SOME OVERSEAS STATIONS AND THE FACT THAT AT SUCH STATIONS THE DISCONTINUANCE OF MAIL COMMUNICATION WITH THE UNITED STATES WILL MAKE IT PRACTICALLY IMPOSSIBLE FOR THE OFFICERS SERVING THEREAT TO OBTAIN THE AFFIDAVIT OF THEIR MOTHER FOR SUBMISSION WITH THEIR PAY AND ALLOWANCE VOUCHERS, THE REQUIREMENT OF THIS OFFICE THAT A NEW AFFIDAVIT OF THE OFFICER'S MOTHER BE SUBMITTED ON JANUARY 1 AND JULY 1 OF EACH YEAR AFTER INITIAL APPROVAL OF THE CLAIM WILL IN SUCH CASES BE MODIFIED, TO THE EXTENT THAT, DURING THE PERIOD OF THE PRESENT WAR, AND AS TO OFFICERS SERVING AT OVERSEAS STATIONS WITH WHICH MAIL COMMUNICATIONS ARE INTERRUPTED, THE NEW AFFIDAVIT WILL BE REQUIRED TO BE SUBMITTED TO THIS OFFICE WITHIN 2 YEARS FROM THE DATE OF THE LAST AFFIDAVIT FILED BY THE OFFICER. IN ALL SUCH CASES THE OFFICER UPON HIS RETURN TO THE UNITED STATES WITHIN THE 2-YEAR PERIOD WILL BE REQUIRED TO SUBMIT A NEW AFFIDAVIT OF HIS MOTHER ON STANDARD FORM 1037 WITH THE FIRST PAY AND ALLOWANCE VOUCHER PRESENTED BY HIM AFTER HIS ARRIVAL IN THE UNITED STATES.

IN THE EVENT AN OFFICER SERVING AT AN OVERSEAS STATION WHERE CONDITIONS PREVENT THE FILING OF A NEW AFFIDAVIT, RECEIVES INFORMATION THAT HIS MOTHER HAS DIED, HAS REMARRIED, OR HAS COME INTO POSSESSION OF PROPERTY OF A VALUE THAT WOULD AFFECT HER DEPENDENCY, SUCH OFFICER SHOULD UPON RECEIPT OF SUCH INFORMATION IMMEDIATELY REQUEST THE DISBURSING OFFICER CARRYING HIS ACCOUNT TO DISCONTINUE PAYMENT TO HIM OF INCREASED ALLOWANCES ON ACCOUNT OF HIS MOTHER, EFFECTIVE AS OF THE DATE HIS MOTHER CEASED TO BE DEPENDENT ON HIM FOR HER CHIEF SUPPORT, AND HIS FIRST PAY AND ALLOWANCE VOUCHER PRESENTED THEREAFTER SHOULD HAVE ATTACHED A BRIEF STATEMENT OF THE FACTS SHOWING THE REASON FOR DISCONTINUANCE OF PAYMENT OF THE INCREASED ALLOWANCES.