B-157498, NOV. 20, 1967
Highlights
PREVIOUS DOUBT BECAUSE OF OFFICER'S MEXICAN DIVORCE FROM FIRST WIFE IS DISPELLED AND. OFFICER IS ENTITLED TO PAY AND ALLOWANCES AS MARRIED OFFICER AND ALLOWANCES FOR DEPENDENT WIFE. D. BRIERCHECK: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 29. THE STATE WHERE THEY WERE MARRIED. THE MATTER WAS CONSIDERED TOO DOUBTFUL FOR US TO CONCLUDE THAT HE IS ENTITLED TO ALLOWANCES FOR MARY AS HIS DEPENDENT WIFE IN THE ABSENCE OF A JUDICIAL DETERMINATION BY A COURT OF COMPETENT JURISDICTION AS TO THE VALIDITY OF THEIR MARRIAGE. IN WHICH IT WAS HELD THAT THE MARRIAGE ON JANUARY 5. GONZALEZ IS A VALID AND BINDING MARRIAGE BETWEEN THE PARTIES. THAT CAPTAIN GONZALEZ IS ENTITLED TO THE PAY AND ALLOWANCES OF A MARRIED OFFICER OF HIS RANK.
B-157498, NOV. 20, 1967
ARMED SERVICES - DEPENDENTS - DIVORCES - FOREIGN DECISION TO ARMY FINANCE AND ACCOUNTING OFFICER CONCERNING ENTITLEMENT OF OFFICER TO ALLOWANCES ON ACCOUNT OF DEPENDENT WIFE BECAUSE OF QUESTION OF VALIDITY OF MEXICAN DIVORCE. IN VIEW OF ORDER OF DISTRICT COURT OF HAWAII DETERMINING THAT VALID AND BINDING MARRIAGE EXISTS BETWEEN OFFICER AND WIFE, PREVIOUS DOUBT BECAUSE OF OFFICER'S MEXICAN DIVORCE FROM FIRST WIFE IS DISPELLED AND, THEREFORE, OFFICER IS ENTITLED TO PAY AND ALLOWANCES AS MARRIED OFFICER AND ALLOWANCES FOR DEPENDENT WIFE. CF DECS. OF OCTOBER 27, 1965, AND MAY 3, 1966.
TO LIEUTENANT COLONEL R. D. BRIERCHECK:
REFERENCE IS MADE TO YOUR LETTER OF AUGUST 29, 1967, WITH ENCLOSURES (ASSIGNED D.O. NO. A-970 BY THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE), REQUESTING RECONSIDERATION OF OUR DECISIONS OF OCTOBER 27, 1965, AND MAY 3, 1966, B-157498, CONCERNING THE ENTITLEMENT OF CAPTAIN JOSE M. GONZALEZ, MN2 312 529, TO ALLOWANCES FOR MARY E. GONZALEZ AS HIS DEPENDENT WIFE. WE HELD IN THESE DECISIONS THAT IN VIEW OF THE QUESTION WHETHER SOUTH CAROLINA, THE STATE WHERE THEY WERE MARRIED, WOULD RECOGNIZE AS VALID THE MEXICAN DIVORCE OF CAPTAIN GONZALEZ FROM HIS FIRST WIFE, THE MATTER WAS CONSIDERED TOO DOUBTFUL FOR US TO CONCLUDE THAT HE IS ENTITLED TO ALLOWANCES FOR MARY AS HIS DEPENDENT WIFE IN THE ABSENCE OF A JUDICIAL DETERMINATION BY A COURT OF COMPETENT JURISDICTION AS TO THE VALIDITY OF THEIR MARRIAGE.
YOUR LETTER OF AUGUST 29, 1967 ENCLOSED A COPY OF AN ORDER AND JUDGMENT OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII DATED AUGUST 1, 1967, IN WHICH IT WAS HELD THAT THE MARRIAGE ON JANUARY 5, 1965, BETWEEN CAPTAIN GONZALEZ AND MARY E. GONZALEZ IS A VALID AND BINDING MARRIAGE BETWEEN THE PARTIES, AND THAT CAPTAIN GONZALEZ IS ENTITLED TO THE PAY AND ALLOWANCES OF A MARRIED OFFICER OF HIS RANK. ACCORDINGLY, THE CLAIM OF CAPTAIN GONZALEZ FOR ALLOWANCES FOR A DEPENDENT WIFE MAY BE ALLOWED FROM JANUARY 5, 1965, IF OTHERWISE CORRECT.