B-117372, DEC 16, 1953

B-117372: Dec 16, 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. THE TERM "DEPENDENT" IS DEFINED IN SECTION 102(G) OF THE ACT. ARE IN FACT DEPENDENT UPON SAID FEMALE MEMBER FOR OVER HALF OF HIS OR HER SUPPORT.". WHILE IT IS RECOGNIZED THAT LARYNGECTOMY (THE SURGICAL REMOVAL OF THE LARYNX) IS PERMANENT IN CHARACTER. IT IS NOT UNDERSTOOD THAT SUCH DISABILITY. EVIDENCE HAS BEEN PRESENTED TO SHOW WHY THE OFFICER'S HUSBAND IN FACT IS NOT CAPABLE OF SELF-SUPPORT. YOU ARE NOT AUTHORIZED TO MAKE PAYMENT ON THE INVOLVED MILITARY PAY ORDER WHICH. WILL BE RETAINED IN THIS OFFICE.

B-117372, DEC 16, 1953

PRECIS-UNAVAILABLE

FIRST LIEUTENANT R. T. DITTAMORE, FC, DISBURSING OFFICER:

BY SECOND INDORSEMENT DATED OCTOBER 13, 1953, THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED TO THIS OFFICE YOUR LETTER OF SEPTEMBER 16, 1953, REQUESTING DECISION WHETHER PAYMENT IS LEGALLY AUTHORIZED ON A VOUCHER (DD FORM 201), TRANSMITTED THEREWITH, STATED IN FAVOR OF CAPTAIN ANNIE F. BUTLER, N-757037, ANC-USAR, COVERING INCREASED BASIC ALLOWANCE FOR QUARTERS AS FOR AN OFFICER WITH A DEPENDENT HUSBAND FOR THE PERIOD JULY 26 TO AUGUST 9, 1953, WHILE ON ACTIVE DUTY TRAINING.

THERE ALSO WAS SUBMITTED WITH YOUR LETTER THE OFFICER'S DEPENDENCY CERTIFICATE (DD FORM 137-1, MODIFIED), DATED JULY 26, 1953, IN WHICH SHE CERTIFIES THAT HER HUSBAND'S ACTUAL LIVING EXPENSES AVERAGE $200 A MONTH; THAT HIS TOTAL INCOME FROM OTHER SOURCES AVERAGES $50 A MONTH, AND THAT HER CONTRIBUTIONS TOWARD HIS ACTUAL LIVING EXPENSES AVERAGE $200 A MONTH. IN EXPLAINING HER HUSBAND'S DEPENDENCY STATUS SHE STATES THAT "HUSBAND HAD LARYNGECTOMY DUE TO CANCER UNABLE TO WORK."

SECTION 302 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 812, AUTHORIZES THE PAYMENT OF AN INCREASED BASIC ALLOWANCE FOR QUARTERS TO MEMBERS OF THE UNIFORMED SERVICES ON ACCOUNT OF A DEPENDENT. THE TERM "DEPENDENT" IS DEFINED IN SECTION 102(G) OF THE ACT, 63 STAT. 804, WHICH PROVIDES, IN MATERIAL PART--

"*** THAT IN THE CASE OF FEMALE MEMBERS OF THE UNIFORMED SERVICES, THE TERM 'DEPENDENT' SHALL INCLUDE A HUSBAND IN ADDITION TO THOSE PERSONS OTHERWISE DEFINED AS DEPENDENTS IN THIS SUBSECTION, BUT ONLY WHEN SUCH HUSBAND, OR CHILDREN, AS DEFINED ABOVE, ARE IN FACT DEPENDENT UPON SAID FEMALE MEMBER FOR OVER HALF OF HIS OR HER SUPPORT."

IT HAS BEEN HELD THAT TO BE REGARDED AS IN FACT DEPENDENT, AS REQUIRED BY THE APPLICABLE STATUTES, A HUSBAND MUST, ON ACCOUNT OF MENTAL OR PHYSICAL INFIRMITY, OR FOR OTHER REASON, BE INCAPABLE OF SELF-SUPPORT. SEE DECISION OF FEBRUARY 16, 1953, B-113093, 32 COMP.GEN. 364. IN THE PRESENT CASE, WHILE IT IS RECOGNIZED THAT LARYNGECTOMY (THE SURGICAL REMOVAL OF THE LARYNX) IS PERMANENT IN CHARACTER, IT IS NOT UNDERSTOOD THAT SUCH DISABILITY, GENERALLY, RENDERS A PERSON INCAPABLE OF SELF SUPPORT. EVIDENCE HAS BEEN PRESENTED TO SHOW WHY THE OFFICER'S HUSBAND IN FACT IS NOT CAPABLE OF SELF-SUPPORT, OTHER THAN THE FACT HIS LARYNX HAS BEEN REMOVED. ACCORDINGLY, BASED ON THE PRESENT RECORD, IT MAY NOT BE CONCLUDED THAT THE OFFICER HAS A DEPENDENT HUSBAND, AND YOU ARE NOT AUTHORIZED TO MAKE PAYMENT ON THE INVOLVED MILITARY PAY ORDER WHICH, TOGETHER WITH THE OTHER PAPERS SUBMITTED WITH YOUR LETTER, WILL BE RETAINED IN THIS OFFICE.