B-125877, JAN. 6, 1956

B-125877: Jan 6, 1956

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RELATES THAT THE SON IS 23 YEARS OF AGE AND IS PHYSICALLY INCAPACITATED TO AN EXTENT WHICH RENDERS HIM INCAPABLE OF SELF-SUPPORT. CERTIFICATE TO THE EFFECT THAT THE SON'S INCAPACITY IS DUE TO DEAFNESS. WHICH WAS CAUSED BY THE LANCING OF BOTH EAR DRUMS. PROVIDES IN PERTINENT PART THAT THE TERM "DEPENDENT" SHALL INCLUDE UNMARRIED LEGITIMATE CHILDREN OVER 21 YEARS OF AGE WHO ARE INCAPABLE OF SELF-SUPPORT BECAUSE OF BEING PHYSICALLY INCAPACITATED OR MENTALLY DEFECTIVE AND WHO ARE IN FACT DEPENDENT ON SUCH MEMBER FOR OVER HALF OF HIS OR HER SUPPORT. OF AN ADULT MALE CHILD IS NOT CONSIDERED INCAPACITATING WITHIN SECTION 102 (G). THE FACTS STATED ARE INSUFFICIENT. TO ESTABLISH THAT THE SON IS IN FACT DEPENDENT WITHIN CONTEMPLATION OF LAW.

B-125877, JAN. 6, 1956

TO CAPTAIN D. W. PASSELL, F.C., DISBURSING OFFICER, DEPARTMENT OF THE ARMY:

YOUR LETTER OF SEPTEMBER 8, 1955, REQUESTS A DECISION AS TO THE RIGHT OF LIEUTENANT COLONEL CLARENCE F. NAVE, 0 360 053, TO REIMBURSEMENT, INCIDENT TO PERMANENT CHANGE OF STATION, FOR TRAVEL OF HIS UNMARRIED LEGITIMATE SON, PRESLEY W. NAVE, OVER 21 YEARS OF AGE, FROM NASHVILLE, TENNESSEE, TO FORT HAMILTON, NEW YORK, DURING THE PERIOD FROM MAY 30, 1955, TO JUNE 3, 1955.

THE OFFICER'S CERTIFICATE OF DEPENDENCY DATED JUNE 24, 1955, ATTACHED TO DD FORM 766, SUBMITTED WITH YOUR LETTER, RELATES THAT THE SON IS 23 YEARS OF AGE AND IS PHYSICALLY INCAPACITATED TO AN EXTENT WHICH RENDERS HIM INCAPABLE OF SELF-SUPPORT; THAT THE OFFICER CONTRIBUTES $100 A MONTH TO THE SON'S SUPPORT AND THAT THE SON HAS NO OTHER INCOME. THE OFFICER HAS FURNISHED, ALSO, CERTIFICATE TO THE EFFECT THAT THE SON'S INCAPACITY IS DUE TO DEAFNESS, INCURRED AT THE AGE OF 2 1/2 YEARS, WHICH WAS CAUSED BY THE LANCING OF BOTH EAR DRUMS.

SECTION 102 (G) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 804, PROVIDES IN PERTINENT PART THAT THE TERM "DEPENDENT" SHALL INCLUDE UNMARRIED LEGITIMATE CHILDREN OVER 21 YEARS OF AGE WHO ARE INCAPABLE OF SELF-SUPPORT BECAUSE OF BEING PHYSICALLY INCAPACITATED OR MENTALLY DEFECTIVE AND WHO ARE IN FACT DEPENDENT ON SUCH MEMBER FOR OVER HALF OF HIS OR HER SUPPORT.

GENERALLY, DEAFNESS IN ITSELF, OF AN ADULT MALE CHILD IS NOT CONSIDERED INCAPACITATING WITHIN SECTION 102 (G). THE FACTS STATED ARE INSUFFICIENT, ALONE, TO ESTABLISH THAT THE SON IS IN FACT DEPENDENT WITHIN CONTEMPLATION OF LAW.