B-111836, NOV 13, 1952

B-111836: Nov 13, 1952

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

PREVIOUSLY KNOWN AS BERNADINE CEREGHINO) WAS ADOPTED BY THE OFFICER AND HIS WIFE (ELEANOR DOROTHY WINNE). THE OFFICER CERTIFIES THAT THE MINOR CHILD IS IN THE CUSTODY. THE OFFICER CERTIFIES THAT HE IS UNABLE TO FURNISH AN AFFIDAVIT BY THE PERSON (ELEANOR D. FOR THE REASON THAT THE CUSTODIAN OF THE CHILD INFORMED HIM "THAT SHE WOULD NOT COMPLY AS THE NAVY DEPARTMENT WAS WELL AWARE OF THE CHILDS LEGAL DEPENDENCY UPON ME.". PAYMENT OF AN INCREASED BASIC ALLOWANCE FOR QUARTERS TO LIEUTENANT WINNE AS FOR AN OFFICER WITH A DEPENDENT ADOPTED MINOR CHILD WILL BE PASSED TO CREDIT. THEREAFTER SO LONG AS THERE IS NO MATERIAL CHANGE IN THE DEPENDENCY OF THE SAID MINOR CHILD. THE ORIGINAL OF THE OFFICER'S DEPENDENCY CERTIFICATE (DD FORM 137) IS RETURNED HEREWITH.

B-111836, NOV 13, 1952

PRECIS-UNAVAILABLE

LIEUTENANT COMMANDER E. E. WATKINS (SC), USN:

BY LETTER OF SEPTEMBER 11, 1952, THE JUDGE ADVOCATE GENERAL OF THE NAVY FORWARDED TO THIS OFFICE YOUR LETTER OF JULY 11, 1952, WITH ENCLOSURES, REQUESTING DECISION AS TO THE LEGALITY OF CREDITING LIEUTENANT ROY E. WINNE, 283564, UNITED STATES NAVY, WITH AN INCREASED BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF AN ADOPTED MINOR CHILD, UNDER THE PROVISIONS OF THE CAREER COMPENSATION ACT OF 1949, APPARENTLY FOR THE PERIOD COMMENCING MAY 17, 1950.

IT APPEARS FROM THE EVIDENCE SUBMITTED THAT BY AN ORDER OF ADOPTION DATED APRIL 6, 1942, ISSUED IN THE CIRCUIT COURT, COUNTY OF PRINCE WILLIAM, COMMONWEALTH OF VIRGINIA, THAT THE MINOR CHILD (SANDRA KAY WINNE, PREVIOUSLY KNOWN AS BERNADINE CEREGHINO) WAS ADOPTED BY THE OFFICER AND HIS WIFE (ELEANOR DOROTHY WINNE), AND THAT IN MAY 1949 THE OFFICER AND HIS WIFE SEPARATED, THE CHILD REMAINING IN THE CUSTODY AND CONTROL OF THE WIFE. IN HIS DEPENDENCY CERTIFICATE (DD FORM 137), THE OFFICER CERTIFIES THAT THE MINOR CHILD IS IN THE CUSTODY, CARE AND CONTROL OF ELEANOR DOROTHY WINNE, AND THAT HE ACTUALLY AND NECESSARILY CONTRIBUTED $80 PER MONTH BY CHECK FROM MAY 1950 TO APRIL 1952, AND $200 PER MONTH BY ALLOTMENT STARTING MAY 1952 (CONFIRMED IN YOUR LETTER), SOLELY FOR THE CARE, MAINTENANCE, SUPPORT AND EDUCATION OF THE CHILD. IN A SUPPLEMENTAL STATEMENT DATED APRIL 25, 1952, THE OFFICER CERTIFIES THAT HE IS UNABLE TO FURNISH AN AFFIDAVIT BY THE PERSON (ELEANOR D. (DOROTHY) WINNE) HAVING CUSTODY OF THE CHILD, AS REQUIRED BY PARAGRAPH 54038-1B(5)(B), BUREAU OF SUPPLIES AND ACCOUNTS MANUAL, FOR THE REASON THAT THE CUSTODIAN OF THE CHILD INFORMED HIM "THAT SHE WOULD NOT COMPLY AS THE NAVY DEPARTMENT WAS WELL AWARE OF THE CHILDS LEGAL DEPENDENCY UPON ME."

IT APPEARS FROM THE FOREGOING THAT THE OFFICER HAS AN ADOPTED MINOR CHILD WITHIN THE MEANING OF SECTION 102(G) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 804. HOWEVER, HIS UNSUPPORTED EX PARTE STATEMENT THAT HE ACTUALLY CONTRIBUTED TO THE CHILD'S SUPPORT FROM MAY 17, 1950 TO APRIL 30, 1952, MAY NOT BE ACCEPTED AS PROOF THAT HE IN FACT CONTRIBUTED TO THE SUPPORT OF THE CHILD DURING THAT PERIOD. ACCORDINGLY, ON THE PRESENTATION MADE, PAYMENT OF AN INCREASED BASIC ALLOWANCE FOR QUARTERS TO LIEUTENANT WINNE AS FOR AN OFFICER WITH A DEPENDENT ADOPTED MINOR CHILD WILL BE PASSED TO CREDIT, IF OTHERWISE PROPERLY PAYABLE, ONLY FOR MAY 1, 1952, AND THEREAFTER SO LONG AS THERE IS NO MATERIAL CHANGE IN THE DEPENDENCY OF THE SAID MINOR CHILD.

THE ORIGINAL OF THE OFFICER'S DEPENDENCY CERTIFICATE (DD FORM 137) IS RETURNED HEREWITH, THE OTHER PAPERS SUBMITTED IN THE MATTER BEING RETAINED IN THIS OFFICE. THIS DECISION, OR A COPY THEREOF, SHOULD BE INCLUDED IN THE ACCOUNT WHEREIN CREDIT FOR PAYMENT UNDER AUTHORITY HEREOF IS CLAIMED.

IF FURTHER CONSIDERATION OF THE CLAIM COVERING THE PERIOD FROM MAY 17, 1950 TO APRIL 30, 1952, IS DESIRED, THERE SHOULD BE SUBMITTED EVIDENCE CORROBORATING THE OFFICER'S STATEMENT THAT HE ACTUALLY CONTRIBUTED TO THE CHILD'S SUPPORT DURING THAT TIME, SUCH AS THE REQUIRED AFFIDAVIT OF THE CHILD'S CUSTODIAN, LETTERS FROM HER ACKNOWLEDGING RECEIPT OF SUCH PAYMENTS, AND CANCELED CHECKS.