B-124983, FEB. 8, 1956

B-124983: Feb 8, 1956

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REQUESTS AN ADVANCE DECISION WHETHER YOU ARE AUTHORIZED TO PAY THE VOUCHER TRANSMITTED THEREWITH STATED IN FAVOR OF STAFF SERGEANT BOBBY S. SERGEANT FRIDAY WAS DIRECTED TO PROCEED ON OR ABOUT MARCH 19. THE PERIOD FOR WHICH HE CLAIMS ALLOWANCE FOR QUARTERS FOR A DEPENDENT PARENT IS MARCH 19. WHILE HE HAD A DEPENDENT MOTHER SHE DID NOT RESIDE WITH HIM DURING THE PERIOD HE WAS AT LOWRY AIR FORCE BASE. PROVIDED HE OR SHE IS IN FACT DEPENDENT ON SUCH MEMBER FOR OVER HALF OF HIS OR HER SUPPORT AND ACTUALLY RESIDES IN THE HOUSEHOLD OF SAID MEMBER * * *.'. AT SERVICE SCHOOLS WHERE PUBLIC QUARTERS WERE NOT AVAILABLE FOR DEPENDENTS. NO OBJECTION WOULD BE MADE TO CREDITS OF INCREASED BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF DEPENDENT PARENT IF THE PARENT IS SHOWN TO HAVE BEEN IN FACT DEPENDENT ON THE MEMBER FOR CHIEF SUPPORT AND TO HAVE RESIDED IN THE MEMBER'S HOUSE OR APARTMENT WHERE HE MAINTAINED HIS PERMANENT RESIDENCE.

B-124983, FEB. 8, 1956

TO MAJOR MILO O. SPONHOLTZ, USAF, FINANCE OFFICER, DEPARTMENT OF THE AIR FORCE:

YOUR LETTER OF MAY 27, 1955, WITH ENCLOSURES, TRANSMITTED HERE BY LETTER DATED NOVEMBER 3, 1955, FROM THE DIRECTOR OF FINANCE, REQUESTS AN ADVANCE DECISION WHETHER YOU ARE AUTHORIZED TO PAY THE VOUCHER TRANSMITTED THEREWITH STATED IN FAVOR OF STAFF SERGEANT BOBBY S. FRIDAY, AF 14 148 490, REPRESENTING A BASIC ALLOWANCE FOR QUARTERS BECAUSE OF A DEPENDENT MOTHER.

BY LETTER ORDER NO. 101, DATED MARCH 9, 1954, FROM THE ADJUTANT GENERAL'S DEPARTMENT, STATE OF NORTH CAROLINA, SERGEANT FRIDAY WAS DIRECTED TO PROCEED ON OR ABOUT MARCH 19, 1954, FROM HIS STATION, 156TH FIGHTER-BOMBER SQUADRON, NORTH CAROLINA AIR NATIONAL GUARD, CHARLOTTE, NORTH CAROLINA, TO LOWRY AIR FORCE BASE, COLORADO, TO ATTEND A COURSE OF INSTRUCTION FOR A DURATION OF 160 ACADEMIC DAYS, BEGINNING MARCH 24, 1954. THE SERGEANT PERFORMED THE TRAINING DUTY AS ORDERED, AND THE PERIOD FOR WHICH HE CLAIMS ALLOWANCE FOR QUARTERS FOR A DEPENDENT PARENT IS MARCH 19, 1954 TO DECEMBER 4, 1954. WHILE HE HAD A DEPENDENT MOTHER SHE DID NOT RESIDE WITH HIM DURING THE PERIOD HE WAS AT LOWRY AIR FORCE BASE.

SECTION 102 (G) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 804, DEFINES THE TERM ,DEPENDENT" FOR THE PURPOSES OF THE ACT, AS INCLUDING, AMONG OTHERS:

"* * * THE FATHER OR MOTHER OF SUCH MEMBER, PROVIDED HE OR SHE IS IN FACT DEPENDENT ON SUCH MEMBER FOR OVER HALF OF HIS OR HER SUPPORT AND ACTUALLY RESIDES IN THE HOUSEHOLD OF SAID MEMBER * * *.'

WHILE EFFECTIVE AUGUST 1, 1950, THE DEPENDENTS ASSISTANCE ACT OF 1950, 64 STAT. 794, SUSPENDED THE PROVISION JUST QUOTED REQUIRING THE DEPENDENT PARENT TO ACTUALLY RESIDE IN THE MEMBER'S HOUSEHOLD, SECTION 7 OF THE 1950 ACT PROVIDES THAT THE SUSPENSION SHALL NOT APPLY TO ENLISTED MEN ON TRAINING DUTY AND THAT SUCH PERSONNEL SHALL CONTINUE TO BE ENTITLED TO THE APPROPRIATE ALLOWANCES PRESCRIBED BY THE CAREER COMPENSATION ACT ON THE DAY PRIOR TO THE EFFECTIVE DATE OF THE 1950 ACT.

IN DETERMINING THE INTENT OF THE CONGRESS IN ENACTING THE ABOVE QUOTED PROVISION OF THE CAREER COMPENSATION ACT, WE CONCLUDED THAT IN CASES INVOLVING SHORT PERIODS OF ACTIVE DUTY TRAINING, NOT IN EXCESS OF FOUR MONTHS, AT SERVICE SCHOOLS WHERE PUBLIC QUARTERS WERE NOT AVAILABLE FOR DEPENDENTS, NO OBJECTION WOULD BE MADE TO CREDITS OF INCREASED BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF DEPENDENT PARENT IF THE PARENT IS SHOWN TO HAVE BEEN IN FACT DEPENDENT ON THE MEMBER FOR CHIEF SUPPORT AND TO HAVE RESIDED IN THE MEMBER'S HOUSE OR APARTMENT WHERE HE MAINTAINED HIS PERMANENT RESIDENCE, THAT IS, HIS HOUSEHOLD. 30 COMP. GEN. 260; 31 ID. 141. SEE, ALSO, PARAGRAPH 80203B (2) (B) 3B, AFM 173-20.

ACCORDINGLY, SINCE SERGEANT FRIDAY WAS ORDERED TO ACTIVE DUTY FOR TRAINING FOR A PERIOD IN EXCESS OF FOUR MONTHS AND SINCE HIS DEPENDENT MOTHER DID NOT RESIDE WITH HIM DURING THE PERIOD HE WAS ON TRAINING DUTY AT LOWRY AIR FORCE BASE, HE IS NOT ENTITLED TO CREDIT WITH AN INCREASED BASIC ALLOWANCE FOR QUARTERS BECAUSE OF HIS DEPENDENT MOTHER.

THE VOUCHER AND ENCLOSURES SUBMITTED WITH YOUR LETTER WILL BE RETAINED HERE.