B-144399, NOV. 28, 1960

B-144399, NOV. 28, 1960

TO MR. C. J. LA NORE, AUTHORIZED CERTIFYING OFFICER, HEADQUARTERS, UNITED STATES COAST GUARD:

YOUR LETTER OF NOVEMBER 2, 1960, REQUESTS AN ADVANCE DECISION WHETHER LIEUTENANT COMMANDER ROY J. WINTERMUTE, UNITED STATES COAST GUARD RESERVE, IS ENTITLED TO BE PAID INCREASED BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF HIS MINOR CHILD, WILLIAM C. WINTERMUTE, FOR THE PERIOD AUGUST 7 TO 19, 1960, WHEN THE OFFICER WAS ON ACTIVE DUTY FOR TRAINING.

IT APPEARS FROM THE ENCLOSURE OF YOUR LETTER THAT THE MINOR CHILD WAS BORN OCTOBER 11, 1951, THAT SUCH CHILD IS IN THE CARE AND CUSTODY OF HIS MOTHER, DIVORCED WIFE OF THE OFFICER, AND THAT BY THE TERMS OF THE DIVORCE DECREE THE OFFICER WAS REQUIRED TO MAKE A STIPULATED WEEKLY PAYMENT FOR THE SUPPORT OF SUCH CHILD. THE OFFICER IN HIS APPLICATION FOR THE ALLOWANCE CERTIFIES THAT HE CONTRIBUTES THE SUM OF $58.50 A MONTH FOR THE SUPPORT OF SUCH CHILD. THERE HAS NOT BEEN SUBMITTED CERTIFIED COPIES OF RECEIPTS FROM THE CUSTODIAN OF THE CHILD AS REQUIRED BY PARAGRAPH 2B01033- 2D (2), U.S. COAST GUARD COMPTROLLER MANUAL.

WHILE IT APPEARS THAT THE OFFICER HAS A MINOR CHILD WITHIN THE MEANING OF SECTION 102 (G) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 804; THE OFFICER'S UNSUPPORTED STATEMENT THAT HE CONTRIBUTED TO THE SUPPORT OF SUCH CHILD DURING THE PERIOD OF THE CLAIM MAY NOT BE ACCEPTED AS PROOF THAT THE OFFICER IN FACT CONTRIBUTED TO THE SUPPORT OF SUCH CHILD. ACCORDINGLY, ON THE PRESENT RECORD, PAYMENT TO THE OFFICER OF BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF A MINOR CHILD FOR THE PERIOD AUGUST 7 THROUGH 19, 1960, IS NOT AUTHORIZED.