B-105914, DEC 15, 1953

B-105914: Dec 15, 1953

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REQUESTING DECISION WHETHER PAYMENT IS LEGALLY AUTHORIZED ON A VOUCHER (DD FORM 201). THERE ALSO WAS SUBMITTED WITH YOUR LETTER THE OFFICER'S DEPENDENCY CERTIFICATE (DD FORM 137-1. EXPLAINING HER HUSBAND'S DEPENDENCY STATUS SHE STATES IN HER DEPENDENCY CERTIFICATE THAT HER HUSBAND IS RECEIVING $50 PER MONTH FROM THE BELGIAN GOVERNMENT FOR DISABILITY AND THAT HE IS PRESENTLY A STUDENT AT MCGILL UNIVERSITY. THERE WAS CONSIDERED THE CASE OF A FEMALE OFFICER CLAIMING INCREASED BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF AN ALLEGED DEPENDENT HUSBAND ATTENDING COLLEGE. IT WAS HELD THAT TO BE REGARDED AS IN FACT DEPENDENT. THE OFFICER'S HUSBAND MAY NOT BE REGARDED AS HER DEPENDENT ON THE GROUND THAT HE IS ATTENDING SCHOOL.

B-105914, DEC 15, 1953

PRECIS-UNAVAILABLE

FIRST LIEUTENANT R. T. DITTAMORE, FC, DISBURSING OFFICER: THROUGH CHIEF OF FINANCE, DEPARTMENT OF THE ARMY.

BY SECOND INDORSEMENT DATED OCTOBER 12, 1953, THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED TO THIS OFFICE YOUR LETTER OF SEPTEMBER 15, 1953, REQUESTING DECISION WHETHER PAYMENT IS LEGALLY AUTHORIZED ON A VOUCHER (DD FORM 201), TRANSMITTED THEREWITH, STATED IN FAVOR OF MAJOR MARIE H. G. CHARLIER, N-788419, ANC-USAR, COVERING INCREASED BASIC ALLOWANCE FOR QUARTERS AS FOR AN OFFICER WITH A DEPENDENT HUSBAND FOR THE PERIOD JULY 12 TO 26, 1953, WHILE ON ACTIVE DUTY FOR TRAINING.

THERE ALSO WAS SUBMITTED WITH YOUR LETTER THE OFFICER'S DEPENDENCY CERTIFICATE (DD FORM 137-1, MODIFIED), DATED JULY 12, 1953, IN WHICH SHE CERTIFIES THAT HER HUSBAND'S ACTUAL LIVING EXPENSES AVERAGE $150 A MONTH; THAT HIS TOTAL INCOME FROM OTHER SOURCES AVERAGE $50 A MONTH, AND THAT HER CONTRIBUTIONS TOWARD HIS ACTUAL LIVING EXPENSES AVERAGE $100 A MONTH. EXPLAINING HER HUSBAND'S DEPENDENCY STATUS SHE STATES IN HER DEPENDENCY CERTIFICATE THAT HER HUSBAND IS RECEIVING $50 PER MONTH FROM THE BELGIAN GOVERNMENT FOR DISABILITY AND THAT HE IS PRESENTLY A STUDENT AT MCGILL UNIVERSITY.

IN DECISION OF FEBRUARY 16, 1953, B-113093, 32 COMP.GEN. 364, THERE WAS CONSIDERED THE CASE OF A FEMALE OFFICER CLAIMING INCREASED BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF AN ALLEGED DEPENDENT HUSBAND ATTENDING COLLEGE, AND IT WAS HELD THAT TO BE REGARDED AS IN FACT DEPENDENT, AS REQUIRED BY APPLICABLE STATUTES, THE HUSBAND MUST, ON ACCOUNT OF MENTAL OR PHYSICAL INFIRMITY, OR FOR OTHER REASON, BE INCAPABLE OF SELF-SUPPORT.

THUS, IN THE PRESENT CASE, THE OFFICER'S HUSBAND MAY NOT BE REGARDED AS HER DEPENDENT ON THE GROUND THAT HE IS ATTENDING SCHOOL, AND, WHILE THE OFFICER MAKES CERTAIN REPRESENTATIONS THAT HER HUSBAND IS PARTIALLY DISABLED, NOTHING, OTHER THAN THE FACT THAT HE IS RATED BY THE BELGIAN GOVERNMENT AS BEING 40 PERCENT DISABLED, HAS BEEN PRESENTED TO SHOW WHY THE OFFICER'S HUSBAND IN FACT IS NOT CAPABLE OF SELF-SUPPORT. ACCORDINGLY, BASED ON THE PRESENT RECORD, IT MAY NOT BE CONCLUDED THAT HE IS A DEPENDENT WITHIN THE MEANING OF THE APPLICABLE STATUTE AND YOU ARE NOT AUTHORIZED TO MAKE PAYMENT ON THE VOUCHER WHICH, TOGETHER WITH THE OTHER PAPERS SUBMITTED WITH YOUR LETTER, WILL BE RETAINED IN THIS OFFICE.