B-128208, JUL. 24, 1956

B-128208: Jul 24, 1956

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LUCY COUCHON: REFERENCE IS MADE TO YOUR UNDATED LETTERS RECEIVED HERE ON MAY 10 AND JULY 12. THERE WAS DISALLOWED YOUR CLAIM FOR THE ADDITIONAL AMOUNT OF $83 ASSERTED ON THE BASIS OF THE ALLEGED DEPENDENCY OF A SISTER OF YOUR SON. WAS ISSUED PURSUANT TO THE PROVISIONS OF THE CAREER COMPENSATION ACT OF 1949. WHICH PROVIDED THAT ENLISTED MEMBERS SERVING IN THE FIRST THREE PAY GRADES WERE ENTITLED TO A BASIC ALLOWANCE FOR QUARTERS OF $45 A MONTH FOR ONE DEPENDENT AND AN ALLOWANCE OF $67.50 A MONTH FOR TWO DEPENDENTS. PROVIDED THE MEMBER HAD IN EFFECT AN ALLOTMENT OF HIS PAY IN AN AMOUNT NOT LESS THAN THE SUM OF THE BASIC ALLOWANCE FOR QUARTERS TO WHICH HE WAS ENTITLED PLUS $40 FOR THE SUPPORT OF HIS DEPENDENT OR DEPENDENTS.

B-128208, JUL. 24, 1956

TO MRS. LUCY COUCHON:

REFERENCE IS MADE TO YOUR UNDATED LETTERS RECEIVED HERE ON MAY 10 AND JULY 12, 1956, CONCERNING YOUR CLAIM FOR THE SUM OF $83 IN ADDITION TO THE SUM OF $210 ALLOWED YOU BY SETTLEMENT DATED OCTOBER 27, 1954, OF OUR CLAIMS DIVISION AS A DEPENDENCY ALLOTMENT INCIDENT TO THE SERVICE OF YOUR SON, RAYMOND A. COUCHON, PRIVATE FIRST CLASS, ARMY OF THE UNITED STATES.

BY SETTLEMENT DATED MARCH 9, 1955, THERE WAS DISALLOWED YOUR CLAIM FOR THE ADDITIONAL AMOUNT OF $83 ASSERTED ON THE BASIS OF THE ALLEGED DEPENDENCY OF A SISTER OF YOUR SON.

THE SETTLEMENT OF OCTOBER 27, 1954, WAS ISSUED PURSUANT TO THE PROVISIONS OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 802, AS AMENDED BY THE DEPENDENTS ASSISTANCE ACT OF 1950, 64 STAT. 794, WHICH PROVIDED THAT ENLISTED MEMBERS SERVING IN THE FIRST THREE PAY GRADES WERE ENTITLED TO A BASIC ALLOWANCE FOR QUARTERS OF $45 A MONTH FOR ONE DEPENDENT AND AN ALLOWANCE OF $67.50 A MONTH FOR TWO DEPENDENTS, PROVIDED THE MEMBER HAD IN EFFECT AN ALLOTMENT OF HIS PAY IN AN AMOUNT NOT LESS THAN THE SUM OF THE BASIC ALLOWANCE FOR QUARTERS TO WHICH HE WAS ENTITLED PLUS $40 FOR THE SUPPORT OF HIS DEPENDENT OR DEPENDENTS. SINCE THE REQUIRED ALLOTMENT WAS NOT MADE EFFECTIVE WHILE YOUR SON WAS IN THE SERVICE AND NO DEDUCTIONS WERE MADE FROM HIS PAY IN THAT CONNECTION, THERE WAS ALLOWED YOU THE SUM OF $210 AS DEPENDENCY ALLOTMENT BY THE SETTLEMENT OF OCTOBER 27, 1954, SUCH SUM BEING THE AMOUNT OF QUARTERS ALLOWANCE WHICH ACCRUED ON THE BASIS OF ONE DEPENDENT DURING THE PERIOD OF YOUR SON'S SERVICE IN THE ARMY FROM SEPTEMBER 5, 1950, TO JANUARY 24, 1951. THE TERM "DEPENDENT" AS DEFINED IN THE ABOVE ACTS, EMBRACES ONLY THE SPOUSE, THE CHILDREN, AND THE PARENTS WHO ARE DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES. THE SISTER OF A MEMBER IS NOT INCLUDED WITHIN THE TERM "DEPENDENT" AS USED IN THOSE ACTS. ACCORDINGLY, EVEN THOUGH THE SISTER OF YOUR SON MAY HAVE BEEN IN FACT DEPENDENT UPON HIM FOR SUPPORT, NO FURTHER SUM IS DUE ON ACCOUNT OF SUCH SISTER INCIDENT TO THE SERVICE OF YOUR SON IN THE ARMY OF THE UNITED STATES. ACCORDINGLY, THE SETTLEMENTS OF OCTOBER 27, 1954, AND MARCH 9, 1955, ARE SUSTAINED.