B-124313, NOV. 1, 1955

B-124313: Nov 1, 1955

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THAT HER CONTRIBUTIONS TOWARD HIS ACTUAL LIVING EXPENSES ARE NOT LESS THAN $200 A MONTH. HE WAS A PATIENT IN THE ASHLAND STATE HOSPITAL. FROM 2APR54 TO 1MAY54 AND WAS TOLD UPON RELEASE FROM HOSPITAL BY DR. STONULONIS WHO IS STILL TREATING MY HUSBAND.'. THAT HE WAS HOSPITALIZED AT THE ASHLAND STATE HOSPITAL FROM APRIL 3. ONLY WHEN THE HUSBAND IS IN FACT DEPENDENT UPON THE FEMALE MEMBER FOR OVER HALF OF HIS SUPPORT. WHILE CORONARY HEART DISEASE IS NOT NECESSARILY CONSIDERED TO BE PERMANENTLY INCAPACITATING. IT IS RECOGNIZED THAT SUCH DISEASE FREQUENTLY RENDERS A PERSON INCAPABLE OF SELF-SUPPORT FOR AN EXTENDED PERIOD. THE OFFICER WILL BE CONSIDERED AS HAVING A DEPENDENT HUSBAND WITHIN THE MEANING OF THE APPLICABLE STATUTE AND PAYMENT OF AN INCREASED BASIC ALLOWANCE FOR QUARTERS AS FOR AN OFFICER WITH A DEPENDENT HUSBAND MAY BE MADE TO CAPTAIN NEISS ON THE VOUCHER SUBMITTED FOR THAT PERIOD.

B-124313, NOV. 1, 1955

TO LIEUTENANT COLONEL E. C. ROGERS, DISBURSING OFFICER, DEPARTMENT OF THE ARMY:

BY SIXTH INDORSEMENT DATED JUNE 6, 1955, THE CHIEF OF FINANCE FORWARDED YOUR LETTER OF FEBRUARY 10, 1955, SUBMITTING FOR DECISION A MILITARY PAY ORDER (DD FORM 114), DATED MARCH 1, 1955, STATED IN FAVOR OF CAPTAIN HELEN C. NEISS, N 759283, ARMY NURSE CORPS, FOR INCREASED BASIC ALLOWANCE FOR QUARTERS AS FOR AN OFFICER WITH A DEPENDENT HUSBAND FOR THE PERIOD BEGINNING APRIL 2, 1954.

IN THE OFFICER'S DEPENDENCY CERTIFICATE (DD FORM 137-1), DATED DECEMBER 10, 1954, SHE CERTIFIES THAT HER HUSBAND'S ACTUAL LIVING EXPENSES AVERAGE $200 A MONTH; THAT HE HAS NO INCOME FROM OTHER SOURCES, AND THAT HER CONTRIBUTIONS TOWARD HIS ACTUAL LIVING EXPENSES ARE NOT LESS THAN $200 A MONTH. EXPLAINING HER HUSBAND'S DEPENDENCY STATUS, SHE RELATES THAT---

"IN APRIL 1954 MY HUSBAND HAD A HEART ATTACK AND HAS BEEN TOTALLY INCAPACITATED EVER SINCE. HE WAS A PATIENT IN THE ASHLAND STATE HOSPITAL, ASHLAND, PENNA., FROM 2APR54 TO 1MAY54 AND WAS TOLD UPON RELEASE FROM HOSPITAL BY DR. STANLEY STONULONIS, A CARDIAC SPECIALIST FROM SHENANDOAH, NNA., THAT HE WOULD NOT BE ABLE TO RETURN TO WORK FOR AT LEAST 1 YEAR. THIS STATEMENT CAN BE VERIFIED BY DR. STONULONIS WHO IS STILL TREATING MY HUSBAND.'

IN A STATEMENT DATED MAY 10, 1955, S. STANULONIS, M.D., 25 NORTH JARDIN STREET, SHENANDOAH, PENNSYLVANIA, ADVISES THAT THE OFFICER'S HUSBAND HAS BEEN DISABLED FROM CORONARY HEART DISEASE SINCE APRIL 3, 1954; THAT HE WAS HOSPITALIZED AT THE ASHLAND STATE HOSPITAL FROM APRIL 3, 1954, TO MAY 7, 1954, AND THAT HE HAS BEEN UNABLE TO RETURN TO HIS "USUAL WORK" DUE TO PAIN IN THE CHEST WITH EXERTION.

SECTION 102 (G) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 804, PROVIDES THAT THE TERM ,DEPENDENT" SHALL INCLUDE IN THE CASE OF FEMALE MEMBERS OF THE UNIFORMED SERVICES, A HUSBAND, BUT ONLY WHEN THE HUSBAND IS IN FACT DEPENDENT UPON THE FEMALE MEMBER FOR OVER HALF OF HIS SUPPORT.

TO BE REGARDED AS IN FACT DEPENDENT UPON HIS WIFE IN THE MILITARY SERVICE, A HUSBAND MUST, ON ACCOUNT OF PHYSICAL OR MENTAL INCAPACITY OR FOR OTHER REASON, BE INCAPABLE OF SELF-SUPPORT. 32 COMP. GEN. 364. WHILE CORONARY HEART DISEASE IS NOT NECESSARILY CONSIDERED TO BE PERMANENTLY INCAPACITATING, IT IS RECOGNIZED THAT SUCH DISEASE FREQUENTLY RENDERS A PERSON INCAPABLE OF SELF-SUPPORT FOR AN EXTENDED PERIOD. ACCORDINGLY, SINCE IT APPEARS FROM THE SUBMITTED MEDICAL CERTIFICATE THAT THE HUSBAND HAS BEEN UNABLE TO SUPPORT HIMSELF DUE TO SUCH DISEASE, AT LEAST DURING THE PERIOD APRIL 3, 1954, TO MAY 10, 1955, THE OFFICER WILL BE CONSIDERED AS HAVING A DEPENDENT HUSBAND WITHIN THE MEANING OF THE APPLICABLE STATUTE AND PAYMENT OF AN INCREASED BASIC ALLOWANCE FOR QUARTERS AS FOR AN OFFICER WITH A DEPENDENT HUSBAND MAY BE MADE TO CAPTAIN NEISS ON THE VOUCHER SUBMITTED FOR THAT PERIOD. ALSO, PAYMENT MAY BE CONTINUED FOR SUBSEQUENT PERIODS SO LONG AS IT IS SHOWN BY COMPETENT MEDICAL EVIDENCE THAT THE HUSBAND IS UNABLE TO RESUME GAINFUL EMPLOYMENT DUE TO SUCH DISABILITY.

THE MILITARY PAY ORDER AND THE OTHER PAPERS SUBMITTED WITH YOUR LETTER ARE RETURNED HEREWITH. THIS DECISION, OR A COPY, SHOULD BE INCLUDED IN THE ACCOUNT WHERE CREDIT FOR PAYMENT UNDER THE DECISION IS FIRST CLAIMED.