B-117893, JAN 18, 1954

B-117893: Jan 18, 1954

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REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED ON A MILITARY PAY ORDER (DD FORM 114). THERE WAS SUBMITTED WITH YOUR LETTER THE OFFICER'S DEPENDENCY CERTIFICATE (DD FORM 137-1). THAT HER HUSBAND IS ENTIRELY DEPENDENT ON HER DUE TO A PHYSICAL CONDITION WHICH PREVENTS WORK OR SIMILAR WAGE PRODUCING FUNCTIONS. THERE WAS SUBMITTED A COPY OF PROCEEDINGS OF A PHYSICAL EVALUATION BOARD (DA FORM 199). WHEREIN IT WAS FOUND THAT THE ALLEGED DEPENDENT. WAS PHYSICALLY UNFIT TO PERFORM THE DUTIES OF HIS OFFICE. THE ALLEGED DEPENDENT WAS RELIEVED FROM ACTIVE DUTY ON SEPTEMBER 26. WHILE IN THE PRESENT CASE THE SUBMITTED EVIDENCE SHOWS THAT THE ALLEGED DEPENDENT WAS RELIEVED FROM ACTIVE DUTY AS A FIRST LIEUTENANT OF ARTILLERY BECAUSE OF A 20 PERCENT PHYSICAL DISABILITY.

B-117893, JAN 18, 1954

PRECIS-UNAVAILABLE

SECOND LIEUTENANT L. A. TABACCHI, F.C., DISBURSING OFFICER: THROUGH CHIEF OF FINANCE, DEPARTMENT OF THE ARMY

BY EIGHTH INDORSEMENT DATED DECEMBER 1, 1953, THE CHIEF OF FINANCE REFERRED TO THIS OFFICE YOUR LETTER OF JULY 23, 1953, REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED ON A MILITARY PAY ORDER (DD FORM 114), TRANSMITTED THEREWITH, STATED IN FAVOR OF CAPTAIN CATHERINE F. CHRISTENSEN, N-1383, ANC, COVERING INCREASED BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF A DEPENDENT HUSBAND FOR THE PERIOD COMMENCING JULY 1, 1953.

THERE WAS SUBMITTED WITH YOUR LETTER THE OFFICER'S DEPENDENCY CERTIFICATE (DD FORM 137-1), DATED JULY 20, 1953, IN WHICH SHE CERTIFIES THAT HE HUSBAND'S ACTUAL LIVING EXPENSES AVERAGE $200 PER MONTH; THAT HE HAS NO INCOME FROM OTHER SOURCES; THAT HER CONTRIBUTIONS TOWARD HIS ACTUAL LIVING EXPENSES AVERAGE $200 PER MONTH; AND THAT HER HUSBAND IS ENTIRELY DEPENDENT ON HER DUE TO A PHYSICAL CONDITION WHICH PREVENTS WORK OR SIMILAR WAGE PRODUCING FUNCTIONS. ALSO, THERE WAS SUBMITTED A COPY OF PROCEEDINGS OF A PHYSICAL EVALUATION BOARD (DA FORM 199), DATED SEPTEMBER 9, 1952, WHEREIN IT WAS FOUND THAT THE ALLEGED DEPENDENT, A FIRST LIEUTENANT OF ARTILLERY, WAS PHYSICALLY UNFIT TO PERFORM THE DUTIES OF HIS OFFICE, RANK OR GRADE, BY REASON OF A PERMANENT 20 PERCENT PHYSICAL DISABILITY WHICH EXISTED PRIOR TO HIS TERM OF SERVICE. THE ALLEGED DEPENDENT WAS RELIEVED FROM ACTIVE DUTY ON SEPTEMBER 26, 1952.

WITH REGARD TO THE PAYMENT OF AN INCREASED BASIC ALLOWANCE FOR QUARTERS TO A FEMALE OFFICER ON ACCOUNT OF A DEPENDENT HUSBAND, IT HAS BEEN HELD THAT THE APPLICABLE STATUTE REQUIRES SOMETHING MORE THAN A MERE SHOWING THAT THE HUSBAND DERIVES HIS LIVELIHOOD FROM HIS OFFICER WIFE, AND THAT, TO BE REGARDED AS IN FACT DEPENDENT ON HIS WIFE, A HUSBAND MUST ACTUALLY BE INCAPABLE OF SELF-SUPPORT. SEE ENCLOSED COPY OF DECISION OF THIS OFFICE, B-113093, DATED FEBRUARY 16, 1953.

WHILE IN THE PRESENT CASE THE SUBMITTED EVIDENCE SHOWS THAT THE ALLEGED DEPENDENT WAS RELIEVED FROM ACTIVE DUTY AS A FIRST LIEUTENANT OF ARTILLERY BECAUSE OF A 20 PERCENT PHYSICAL DISABILITY, SUCH EVIDENCE MAY NOT BE ACCEPTED AS ESTABLISHING THAT HE IS PHYSICALLY OR MENTALLY OR FOR OTHER REASON INCAPABLE OF SELF-SUPPORT. UNDER THE CIRCUMSTANCES, THIS OFFICE WOULD NOT BE JUSTIFIED IN CONCLUDING THAT THE HUSBAND WAS IN FACT DEPENDENT UPON THE CLAIMING OFFICER WITHIN THE MEANING AND INTENT OF THE APPLICABLE STATUTORY PROVISIONS. ACCORDINGLY, YOU ARE NOT AUTHORIZED TO MAKE PAYMENT ON THE MILITARY PAY ORDER, WHICH, TOGETHER WITH THE OTHER PAPERS SUBMITTED WITH YOUR LETTER, WILL BE RETAINED IN THIS OFFICE.