B-147838, MAY 1, 1962

B-147838, MAY 1, 1962

TO MR. J. W. BIAN, DISBURSING OFFICER, DEPARTMENT OF THE NAVY:

BY COMMUNICATION DATED APRIL 12, 1962, THE COMPTROLLER OF THE NAVY FORWARDED HERE LETTER DATED MARCH 20, 1962, FROM LIEUTENANT COMMANDER DORA KRONE (NC), USN, 175909, IN EFFECT REQUESTING RECONSIDERATION OF OUR DECISION DATED JANUARY 24, 1962, B-147838, TO YOU, CONCERNING THE LEGALITY OF CREDITING HER PAY ACCOUNT WITH BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF A DEPENDENT HUSBAND FOR THE PERIOD BEGINNING AUGUST 1, 1961.

IN THE DECISION OF JANUARY 24, 1962, WE POINTED OUT THAT THE ONLY EVIDENCE IN SUPPORT OF THE CLAIM WAS THE OFFICER'S STATEMENT THAT HER HUSBAND SUFFERED A HEART ATTACK ON AUGUST 21, 1960, AND THAT HE HAS BEEN ON TOTAL AND PERMANENT DISABILITY SINCE THAT TIME. ALSO, WE EXPLAINED THAT THE FACT THAT HIS CONDITION IS SUCH AS TO PERMIT HIM TO QUALIFY FOR DISABILITY PAYMENTS INCIDENT TO HIS PRIOR EMPLOYMENT DOES NOT NECESSARILY MEAN THAT HE QUALIFIES AS A DEPENDENT OF THE OFFICER FOR QUARTERS ALLOWANCE PURPOSES SINCE ENTIRELY DIFFERENT STATUTORY PROVISIONS ARE INVOLVED. IN THESE CIRCUMSTANCES WE STATED THAT WE COULD NOT CONCLUDE THAT THE OFFICER HAS A DEPENDENT HUSBAND. HOWEVER, WE SAID THE MATTER WOULD RECEIVE FURTHER CONSIDERATION IF ADDITIONAL EVIDENCE SHOULD BE FURNISHED TO SHOW THAT THE HUSBAND, ON ACCOUNT OF PHYSICAL INCAPACITY OR FOR OTHER REASONS, WAS INCAPABLE OF SELF-SUPPORT DURING THE PERIOD INVOLVED, TOGETHER WITH INFORMATION AS TO WHEN THE CONDITION COMMENCED AND TERMINATED OR WHETHER IT STILL EXISTS.

IN LETTER DATED MARCH 20, 1962, THE OFFICER STATES THAT HER HUSBAND SUFFERED A HEART ATTACK ON AUGUST 20, 1960, AND THAT HE WAS SELF SUPPORTING UNTIL AUGUST 20, 1961, SINCE HE RECEIVED A DISABILITY PAYMENT OF 90 PERCENT OF THE PREVIOUS YEAR'S SALARY. COMMENCING AUGUST 20, 1961, HIS DISABILITY PAYMENT WAS REDUCED TO $234.97 A MONTH UNTIL AUGUST 20, 1962. ON AUGUST 20, 1962, SHE SAYS THE DISABILITY PAYMENT WILL BE REDUCED TO $141 A MONTH FOR THE REST OF HIS LIFE. THE OFFICER FURTHER STATES THAT SINCE HER HUSBAND'S ACTUAL LIVING EXPENSES AS SHOWN IN DEPENDENCY CERTIFICATE NAVCOMPT FORM 2040 (12-57) DATED NOVEMBER 14, 1961, AVERAGE $500 A MONTH, AND SINCE HIS TOTAL INCOME FROM OTHER SOURCES IS $234.97, SHE CONTRIBUTES MORE THAN ONE-HALF OF HER HUSBAND'S SUPPORT AND THEREFORE SHE REQUESTS THAT HE BE DESIGNATED AS A DEPENDENT AND THAT SHE RECEIVE BASIC ALLOWANCE FOR QUARTERS FOR THE PERIOD COMMENCING ON SEPTEMBER 1, 1961. THERE ALSO WAS SUBMITTED WITH HER LETTER A LETTER DATED MARCH 17, 1962, FROM DR. GERALD T. HAVEY, LAKE FOREST, ILLINOIS, WHO IS HER HUSBAND'S PHYSICIAN. DR. HAVEY STATES THAT THE OFFICER'S HUSBAND SUFFERED TWO PRIOR CORONARY OCCLUSIONS BEFORE COMING UNDER HIS CARE, THAT HE BECAME TOTALLY DISABLED IN OCTOBER 1960, AND THAT HE HAS BEEN UNABLE TO WORK SINCE THAT TIME.

SECTION 102 (G) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 231 (G), PROVIDES THAT THE TERM DEPENDENT SHALL INCLUDE IN THE CASE OF FEMALE MEMBERS OF THE UNIFORMED SERVICES, A HUSBAND, WHEN THE HUSBAND IS IN FACT DEPENDENT UPON THE FEMALE MEMBER FOR OVER HALF OF HIS SUPPORT. SINCE IT NOW APPEARS FROM THE SUBMITTED MEDICAL CERTIFICATE THAT THE HUSBAND HAS BEEN UNABLE TO SUPPORT HIMSELF DUE TO DISEASE, AT LEAST DURING THE PERIOD SEPTEMBER 1961 TO MARCH 1962, THE OFFICER WILL BE CONSIDERED AS HAVING A DEPENDENT HUSBAND WITHIN THE MEANING OF THE APPLICABLE STATUTE AND PAYMENT OF AN INCREASED BASIC ALLOWANCE FOR QUARTERS AS FOR AN OFFICER WITH A DEPENDENT HUSBAND MAY BE MADE TO THE OFFICER FOR THAT PERIOD. ALSO, PAYMENT MAY BE CONTINUED FOR SUBSEQUENT PERIODS SO LONG AS IT IS SHOWN BY COMPETENT MEDICAL EVIDENCE THAT THE HUSBAND IS UNABLE TO RESUME GAINFUL EMPLOYMENT DUE TO SUCH DISABILITY. THE OFFICER'S DEPENDENCY CERTIFICATE NAVCOMPT FORM 2040 (12-57) AND SUPPORTING PAPERS ARE RETURNED HEREWITH. THIS DECISION, OR A COPY, SHOULD BE INCLUDED IN THE ACCOUNT WHERE CREDIT FOR PAYMENT UNDER THE DECISION IS FIRST CLAIMED.