B-125999, JAN. 26, 1956

B-125999, JAN. 26, 1956

TO ENSIGN G. R. MANTLO, SC, USNR, DISBURSING OFFICER, DEPARTMENT OF THE NAVY:

REFERENCE IS MADE TO YOUR "NAVAL SPEED LETTER" OF NOVEMBER 1, 1955, REQUESTING A DECISION AS TO THE ELIGIBILITY OF LIEUTENANT ANTHONY W. DUACSEK, USN, FOR BAQ CREDIT AS AN OFFICER WITHOUT DEPENDENTS UNDER THE PROVISIONS OF THE CAREER COMPENSATION ACT OF 1949. THE REQUEST WAS ADDRESSED AND FORWARDED HERE DIRECTLY RATHER THAN THROUGH APPROPRIATE CHANNELS, AND WAS NOT ACCOMPANIED BY A MILITARY PAY ORDER (DD FORM 114) TO SUBSTANTIATE A PROPOSED PAYMENT OR CREDIT OF BASIC ALLOWANCE FOR QUARTERS. SEE PARAGRAPHS 041322 AND 044038, NAVY COMPTROLLER MANUAL.

YOU INDICATE THAT LIEUTENANT DUACSEK IS SERVING ABOARD THE U.S.S. COLONIAL (LST-18) AND THAT HIS WIFE--- LIEUTENANT ADA LOU REED DUACSEK, USN--- HAS HER PERMANENT STATION AT U.S. NAVAL AIR STATION, SAN DIEGO, CALIFORNIA. YOU RELATE THAT NO GOVERNMENT QUARTERS ARE AVAILABLE FOR JOINT OCCUPANCY BY THE MEMBER AND HIS WIFE. SINCE YOU DO NOT INDICATE OTHERWISE, IT WILL BE PRESUMED THAT BACHELOR OFFICER QUARTERS ARE AVAILABLE FOR MRS. DUACSEK AT HER PERMANENT STATION. ALSO, INASMUCH AS MR. DUACSEK IS SERVING ON BOARD A NAVAL VESSEL, IT FOLLOWS THAT HE IS SUPPLIED QUARTERS FOR HIS OWN USE ON THAT VESSEL.

IT HAS BEEN ASCERTAINED INFORMALLY THAT THE HOME PORT OF THE U.S.S. COLONIAL (LSD-18) IS SAN DIEGO, CALIFORNIA, AT OR ADJACENT TO THE STATION WHERE MRS. DUACSEK IS STATIONED.

SUBSECTION 102 (G) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 804, DEFINES THE TERM ,DEPENDENT" AS INCLUDING AT ALL TIMES AND IN ALL PLACES THE LAWFUL WIFE OF ANY MEMBER OF THE UNIFORMED SERVICES, BUT PROVIDES THAT NO MEMBER CLAIMING A DEPENDENT, AS DEFINED IN THAT SUBSECTION, MAY BE PAID INCREASED ALLOWANCES ON ACCOUNT OF SUCH DEPENDENT FOR ANY PERIOD DURING WHICH SUCH DEPENDENT IS ENTITLED TO RECEIVE BASIC PAY UNDER THAT ACT, AS A MEMBER OF THE UNIFORMED SERVICES.

IT HAS BEEN HELD THAT A MALE MEMBER OF THE UNIFORMED SERVICES MARRIED TO A FEMALE MEMBER OF THE UNIFORMED SERVICES HAS A DEPENDENT EVEN THOUGH NOT ENTITLED TO RECEIVE INCREASED ALLOWANCES ON HER ACCOUNT BECAUSE SHE IS RECEIVING BASIC PAY AND, UNDER THE REGULATIONS, IF BOTH ARE SERVING AT THE SAME STATION, HE IS ENTITLED TO ASSIGNMENT OF DEPENDENT TYPE QUARTERS FOR THEIR JOINT OCCUPANCY. WHERE DEPENDENT TYPE QUARTERS ARE NOT AVAILABLE FOR ASSIGNMENT IN SUCH CASE, OR IN A CASE WHERE THE FEMALE MEMBER IS STATIONED AT AN ADJACENT POST OR INSTALLATION, APPLICABLE REGULATIONS CONTEMPLATE THAT, FOR THE PURPOSE OF OCCUPYING OTHER THAN PUBLIC QUARTERS JOINTLY WITH HIS WIFE, A MALE MEMBER WHOSE DUTIES DO NOT REQUIRE HIM TO OCCUPY QUARTERS ON THE STATION SHALL BE PERMITTED TO RESIDE OFF HIS STATION, IN WHICH EVENT HE SHALL BE ENTITLED TO THE BASIC ALLOWANCE FOR QUARTERS AS FOR A MEMBER WITHOUT DEPENDENTS IN LIEU OF SINGLE QUARTERS, NOTWITHSTANDING THAT SINGLE QUARTERS WHICH MIGHT BE ASSIGNED HIM ARE AVAILABLE.

A MEMBER SERVING ON A VESSEL, BEING FURNISHED QUARTERS ON BOARD, MAY NOT, OF COURSE, BE CREDITED WITH A BASIC ALLOWANCE FOR QUARTERS ON HIS OWN ACCOUNT, AND SINCE THE STATUTE PROHIBITS ANY INCREASE ON ACCOUNT OF A DEPENDENT IN THE UNIFORMED SERVICES, HE MAY NOT BE CREDITED WITH ANY ALLOWANCE, WHILE SO SERVING, IF HIS ONLY DEPENDENT IS A MEMBER OF THE UNIFORMED SERVICES. 35 COMP. GEN. 10.