B-124803, AUG. 9, 1955

B-124803: Aug 9, 1955

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AMONG THE PAPERS SUBMITTED IS A CERTIFIED COPY OF A DECREE OF DIVORCE ENTERED ON MARCH 22. SINCE THE SON WAS THEN A MEMBER OF THE UNIFORMED SERVICES. THERE WERE ALSO SUBMITTED THE OFFICER'S DEPENDENCY CERTIFICATE (DD FORM 137) AND A STATEMENT EXECUTED BY HELEN K. WOOLPERT WAS BORN ON MAY 2. MAINTENANCE AND EDUCATION OF THE CHILD AND THAT THE CHILD IS NOT POSSESSED OF PROPERTY OR INCOME ADEQUATE FOR HER SUPPORT. THERE WAS NOT FURNISHED A CERTIFIED COPY OF THE DECREE OF ADOPTION REQUIRED BY PARAGRAPH044038-1B (5) (B). TO BE FURNISHED IN CASES WHERE AN INCREASED BASIC ALLOWANCE FOR QUARTERS IS CLAIMED ON ACCOUNT OF AN ADOPTED CHILD. IF THERE BE FURNISHED AN AUTHENTICATED COPY OF THE DECREE OF ADOPTION SHOWING THAT THE CHILD WAS ADOPTED BY THE OFFICER.

B-124803, AUG. 9, 1955

TO W. T. NOWLIN, DISBURSING OFFICER, DEPARTMENT OF THE NAVY:

YOUR LETTER OF JUNE 25, 1955, REQUESTS AN ADVANCE DECISION WHETHER CAPTAIN ORAM C. WOOLPERT, 567855, USNR, MAY BE CREDITED WITH AN INCREASED BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF AN ADOPTED CHILD (ELIZABETH K. WOOLPERT) FOR THE PERIOD JUNE 12 TO 25, 1955.

AMONG THE PAPERS SUBMITTED IS A CERTIFIED COPY OF A DECREE OF DIVORCE ENTERED ON MARCH 22, 1955, IN THE COMMON PLEAS COURT OF FRANKLIN COUNTY, OHIO (DIVISION OF DOMESTIC RELATIONS), IN THE CASE OF HELEN K. WOOLPERT, PLAINTIFF V. ORAM C. WOOLPERT, DEFENDANT, GRANTING THE PLAINTIFF A DIVORCE FROM THE DEFENDANT, AWARDING THE CARE, CUSTODY AND CONTROL OF TWO ADOPTED CHILDREN (ORAM C. WOOLPERT JR., AND ELIZABETH K. WOOLPERT) TO THE PLAINTIFF, AND APPROVING A SEPARATION AGREEMENT DATED NOVEMBER 5, 1954, PROVIDING THAT THE DEFENDANT PAY TO THE PLAINTIFF THE SUM OF $100 A MONTH FOR THE SUPPORT OF THE CHILDREN, BUT, SINCE THE SON WAS THEN A MEMBER OF THE UNIFORMED SERVICES, THAT THE ENTIRE AMOUNT BE USED FOR THE SUPPORT OF THE DAUGHTER. THERE WERE ALSO SUBMITTED THE OFFICER'S DEPENDENCY CERTIFICATE (DD FORM 137) AND A STATEMENT EXECUTED BY HELEN K. WOOLPERT WHICH RELATE THAT ELIZABETH K. WOOLPERT WAS BORN ON MAY 2, 1938, AND THAT SHE RESIDES WITH HER ADOPTIVE MOTHER. THEY ALSO RELATE THAT THE OFFICER REGULARLY CONTRIBUTES $100 A MONTH FOR THE SUPPORT, MAINTENANCE AND EDUCATION OF THE CHILD AND THAT THE CHILD IS NOT POSSESSED OF PROPERTY OR INCOME ADEQUATE FOR HER SUPPORT. HOWEVER, THERE WAS NOT FURNISHED A CERTIFIED COPY OF THE DECREE OF ADOPTION REQUIRED BY PARAGRAPH044038-1B (5) (B), NAVY COMPTROLLER MANUAL, TO BE FURNISHED IN CASES WHERE AN INCREASED BASIC ALLOWANCE FOR QUARTERS IS CLAIMED ON ACCOUNT OF AN ADOPTED CHILD.

ACCORDINGLY, IF THERE BE FURNISHED AN AUTHENTICATED COPY OF THE DECREE OF ADOPTION SHOWING THAT THE CHILD WAS ADOPTED BY THE OFFICER, HE WILL BE CONSIDERED TO HAVE A DEPENDENT (ADOPTED MINOR CHILD) WITHIN THE MEANING OF SECTION 102 (G) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 804, AND MAY BE PAID AN INCREASED BASIC ALLOWANCE FOR QUARTERS AS AN OFFICER WITH A DEPENDENT, PROVIDED THE ALLOWANCE IS OTHERWISE PAYABLE.

THE DEPENDENCY CERTIFICATE (DD FORM 137) AND SUPPORTING PAPERS ARE RETURNED. SUCH EVIDENCE, TOGETHER WITH THIS DECISION, OR A COPY, AND THE COPY OF THE DECREE OF ADOPTION, SHOULD BE INCLUDED IN THE ACCOUNT WHERE CREDIT IS FIRST CLAIMED FOR THE PAYMENT AUTHORIZED.