B-111486, OCT 1, 1952

B-111486: Oct 1, 1952

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THERE WAS FORWARDED TO THIS OFFICE YOUR LETTER OF AUGUST 8. MAY BE CONSIDERED TO HAVE HAD A DEPENDENT LAWFUL WIFE (ANNIE V. IT APPEARS THAT THE MINOR CHILDREN (JOHN ROBERT GILLETTE AND VIRGIL LEE GILLETTE) WERE ADOPTED BY THE OFFICER ON DECEMBER 18. GILLETTE WERE DIVORCED BY AN INTERLOCUTORY JUDGEMENT OF DIVORCE ISSUED IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA. ANNIE VICTORIA GILLETTE SCHEIDLE AVERS THAT THE SAID MINOR CHILDREN ARE IN HER CUSTODY. UNDER THE LAWS OF THE STATE OF CALIFORNIA THE LEGAL RELATION OF HUSBAND AND WIFE IS NOT TERMINATED BY AN INTERLOCUTORY JUDGMENT OF DIVORCE (IN RE DARGIE'S ESTATE. QUESTIONS (1) AND (2) ARE ANSWERED IN THE AFFIRMATIVE. AS IS ALSO. PROVIDED THE OFFICER IS OTHERWISE ENTITLED TO THE ALLOWANCE INVOLVED.

B-111486, OCT 1, 1952

PRECIS-UNAVAILABLE

HENRY R. HEATH, DISBURSING OFFICER:

BY FIRST INDORSEMENT DATED AUGUST 15, 1952, OF THE COMMANDANT OF THE MARINE CORPS, THERE WAS FORWARDED TO THIS OFFICE YOUR LETTER OF AUGUST 8, 1952, WITH ENCLOSURES, REQUESTING DECISION (1) WHETHER COMMISSIONED WARRANT OFFICER JASPER J. GILLETTE, 09134, UNITED STATES MARINE CORPS, MAY BE CONSIDERED TO HAVE HAD A DEPENDENT LAWFUL WIFE (ANNIE V. GILLETTE) FOR THE PERIOD FROM NOVEMBER 29, 1949, TO APRIL 12, 1950 FOR BASIC QUARTERS ALLOWANCE PURPOSES; (2) WHETHER HE MAY SUBSTITUTE THE NAMES OF HIS ADOPTED MINOR CHILDREN FOR THE PERIOD FROM APRIL 13, 1950 TO APRIL 4, 1952, IN ORDER TO RETAIN CREDIT FOR BASIC QUARTERS ALLOWANCE, AND (3) WHETHER BASIC ALLOWANCE FOR QUARTERS SHOULD BE CREDITED TO HIM ON ACCOUNT OF HIS ADOPTED MINOR CHILDREN FROM APRIL 4, 1952 TO APRIL 12, 1952, UNDER THE CIRCUMSTANCES SET FORTH IN THE ENCLOSURES.

IT APPEARS THAT THE MINOR CHILDREN (JOHN ROBERT GILLETTE AND VIRGIL LEE GILLETTE) WERE ADOPTED BY THE OFFICER ON DECEMBER 18, 1946, AND THAT ON APRIL 12, 1949, THE OFFICER AND ANNIE V. GILLETTE WERE DIVORCED BY AN INTERLOCUTORY JUDGEMENT OF DIVORCE ISSUED IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF SAN DIEGO, THE SAID DIVORCE BECOMING FINAL ON APRIL 13, 1950. THE COURT APPROVED A PROPERTY SETTLEMENT SIGNED BY THE OFFICER AND ANNIE V. GILLETTE; AWARDED THE CARE, CUSTODY AND CONTROL OF THE MINOR CHILDREN TO ANNIE V. GILLETTE, AND ORDERED THE OFFICER TO PAY HER THE SUM OF $75 PER MONTH FOR EACH OF THE MINOR CHILDREN FOR THEIR SUPPORT, MAINTENANCE AND EDUCATION UNTIL EACH CHILD ATTAINED THE AGE OF 21 YEARS OR BECAME SELF SUPPORTING, WHICHEVER DATE SHOULD BE THE EARLIER. IN AFFIDAVITS DATED JUNE 18, 1952, ANNIE VICTORIA GILLETTE SCHEIDLE AVERS THAT THE SAID MINOR CHILDREN ARE IN HER CUSTODY, CARE AND CONTROL AND THAT THE OFFICER DID, IN FACT, CONTRIBUTE $75 PER MONTH TO THE SUPPORT AND MAINTENANCE OF EACH CHILD UNTIL APRIL 1, 1952-- AT WHICH TIME JOHN ROBERT GILLETTE ENLISTED IN THE UNITED STATES AIR FORCE-- AND THAT HE CONTINUED TO CONTRIBUTE $75 PER MONTH TO THE SUPPORT OF VIRGIL LEE GILLETTE.

UNDER THE LAWS OF THE STATE OF CALIFORNIA THE LEGAL RELATION OF HUSBAND AND WIFE IS NOT TERMINATED BY AN INTERLOCUTORY JUDGMENT OF DIVORCE (IN RE DARGIE'S ESTATE, 162 CAL. 51, 121 P. 320), AND IT APPEARS FROM THE EVIDENCE SUBMITTED THAT THE OFFICER HAD MINOR ADOPTED CHILDREN IN FACT DEPENDENT UPON HIM ON AND AFTER APRIL 13, 1950. ACCORDINGLY, QUESTIONS (1) AND (2) ARE ANSWERED IN THE AFFIRMATIVE, AS IS ALSO, QUESTION (3), PROVIDED THE OFFICER IS OTHERWISE ENTITLED TO THE ALLOWANCE INVOLVED.

THE PAPERS SUBMITTED WITH YOUR LETTER ARE RETURNED HEREWITH.