B-109284, OCT 1, 1952

B-109284: Oct 1, 1952

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THERE WAS SUBMITTED WITH YOUR LETTER THE OFFICER'S DEPENDENCY CERTIFICATE (DD FORM 137-1) DATED JANUARY 22. THAT THE AVERAGE MONTHLY LIVING EXPENSES OF HER HUSBAND WAS $125. THERE WAS SUBMITTED THE HUSBAND'S DEPENDENCY AFFIDAVIT (DD FORM 137-A) EXECUTED THE SAME DATE. THAT HE WAS UNABLE TO BE BY HIMSELF AWAY FROM HIS WIFE'S STATION. THAT HIS EMPLOYMENT IS LIMITED DUE TO CARDIAC CONDITION. THERE WAS SUBMITTED WITH YOUR LETTER AN AFFIDAVIT EXECUTED NOVEMBER 23. TO THE EFFECT THAT THE HUSBAND IS IN NEED OF HIS WIFE'S CARE BECAUSE OF COMPLICATIONS WHICH HAVE DEVELOPED FROM HIS CARDIAC AND RHEUMATIC CONDITION. 1952 - IT IS OBVIOUS THAT THE OFFICER'S CLAIM IS PREDICATED UPON THE ANTICIPATED DEPENDENCY OF THE HUSBAND AFTER JANUARY 22.

B-109284, OCT 1, 1952

PRECIS-UNAVAILABLE

MAJOR J. A. SHOWALTER, F. C. DEPARTMENT OF THE ARMY:

BY FIRST INDORSEMENT DATED APRIL 21, 1952, THE CHIEF OF FINANCE FORWARDED TO THIS OFFICE YOUR LETTER DATED FEBRUARY 20, 1952, IN EFFECT REQUESTING AN ADVANCE DECISION AS TO THE RIGHT OF CAPTAIN LILLIAN FRANCES JAYES, N- 900534 ANC, TO AN INCREASED BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF A DEPENDENT HUSBAND ON AND AFTER JANUARY 22, 1952.

THERE WAS SUBMITTED WITH YOUR LETTER THE OFFICER'S DEPENDENCY CERTIFICATE (DD FORM 137-1) DATED JANUARY 22, 1952, WHEREIN THE OFFICER CERTIFIES THAT SHE CONTRIBUTED TOWARD THE LIVING EXPENSES OF HER HUSBAND THE SUM OF $125 PER MONTH: THAT HE HAD NO INCOME OTHER THAN HER CONTRIBUTION; AND THAT THE AVERAGE MONTHLY LIVING EXPENSES OF HER HUSBAND WAS $125. ALSO, THERE WAS SUBMITTED THE HUSBAND'S DEPENDENCY AFFIDAVIT (DD FORM 137-A) EXECUTED THE SAME DATE, WHEREIN HE AVERS THAT HIS HEALTH HAS FAILED; THAT HE WAS UNABLE TO BE BY HIMSELF AWAY FROM HIS WIFE'S STATION; THAT HE THOUGHT IT BEST TO COME TO HIS WIFE'S STATION, THEREBY SAVING DOUBLE EXPENSE; AND THAT HIS EMPLOYMENT IS LIMITED DUE TO CARDIAC CONDITION. ALSO, THE SAID AFFIDAVIT SETS FORTH IN ITEM 12 THEREOF AN ITEMIZATION OF HIS PRESENT LIVING EXPENSES AND HIS LIVING EXPENSES FOR THE PAST YEAR. LIKEWISE, THERE WAS SUBMITTED WITH YOUR LETTER AN AFFIDAVIT EXECUTED NOVEMBER 23, 1951, BY NATHAN FALK, M. D., CHICAGO, ILLINOIS, TO THE EFFECT THAT THE HUSBAND IS IN NEED OF HIS WIFE'S CARE BECAUSE OF COMPLICATIONS WHICH HAVE DEVELOPED FROM HIS CARDIAC AND RHEUMATIC CONDITION.

ASIDE FROM THE FACT THAT THE AFFIDAVIT OF DR. FALK EXECUTED TWO MONTHS PRIOR TO JANUARY 22, 1952 - THE DATE OF THE SAID DEPENDENCY FORMS 137-1 AND 137-A - DOES NOT SHOW THE PHYSICAL CONDITION OF THE HUSBAND AT THE TIME OF THE COMMENCEMENT DATE OF THE PERIOD OF THE CLAIM - JANUARY 22, 1952 - IT IS OBVIOUS THAT THE OFFICER'S CLAIM IS PREDICATED UPON THE ANTICIPATED DEPENDENCY OF THE HUSBAND AFTER JANUARY 22, 1952, RATHER THAN UPON HIS ACTUAL DEPENDENCY STATUS SUBSEQUENT TO THAT DATE. ACCORDINGLY, BASED ON THE PRESENT RECORD, IT IS NOT ESTABLISHED THAT THE OFFICER'S HUSBAND WAS IN FACT DEPENDENT UPON HER FOR CHIEF SUPPORT ON AND AFTER JANUARY 22, 1952, AND YOU ARE NOT AUTHORIZED TO PAY HER AN INCREASED BASIC ALLOWANCE FOR QUARTERS ON HIS ACCOUNT.

THE PAPERS SUBMITTED WITH YOUR LETTER ARE RETAINED IN THIS OFFICE.