B-128661, AUG. 17, 1956

B-128661: Aug 17, 1956

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AMONG THE PAPERS SUBMITTED IS AN AUTHENTICATED COPY OF AN ADOPTION CONTRACT (NO. TO BE THE ADOPTED SON OF THE OFFICER AND THAT "IN FUTURE" THE CHILD'S NAME WILL BE BERNHARD HARALD SCHOPPER. AMONG THE PAPERS SUBMITTED IS A COPY OF AN ORDER (NO. 347-1E-49) OF THE OBERLANDESGERICHT (A SUPERIOR COURT). THERE WERE ALSO SUBMITTED THE OFFICER'S DEPENDENCY CERTIFICATES (DD FORMS 137). MAINTENANCE AND EDUCATION OF HIS ADOPTED SON AND THAT THE CHILD IS NOT POSSESSED OF PROPERTY OR INCOME ADEQUATE FOR HIS SUPPORT. WHILE YOUR REQUEST FOR DECISION WAS NOT ACCOMPANIED BY THE AFFIDAVIT OF THE ACTUAL CUSTODIAN OF THE CHILD (AS CONTEMPLATED BY PAR. 40. THE STATEMENT OF THE CHILD'S NATURAL MOTHER WILL. THAT THE CHILD IS IN FACT DEPENDENT ON THE OFFICER.

B-128661, AUG. 17, 1956

TO MAJOR W. E. SLEZAK, FC, DISBURSING OFFICER, DEPARTMENT OF THE ARMY:

BY THIRD INDORSEMENT DATED JULY 16, 1956, THE CHIEF OF FINANCE REFERRED TO US YOUR LETTER OF JUNE 18, 1956, REQUESTING AN ADVANCE DECISION WHETHER LIEUTENANT COLONEL WALTER P. SCHOPPER, 0 508 664, TC, MAY BE CREDITED WITH BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF AN ADOPTED CHILD (BERNHARD HARALD SCHOPPER) ON AND AFTER JUNE 11, 1956.

AMONG THE PAPERS SUBMITTED IS AN AUTHENTICATED COPY OF AN ADOPTION CONTRACT (NO. III H 1846/51) RECORDED IN THE DISTRICT AMTAGERICHT (A COURT OF FIRST INSTANCE), HEIDELBERG, FEDERAL REPUBLIC OF WEST GERMANY, ON NOVEMBER 27, 1951, DECLARING BERNHARD HARALD SACHER (BORN MARCH 11, 1950), TO BE THE ADOPTED SON OF THE OFFICER AND THAT "IN FUTURE" THE CHILD'S NAME WILL BE BERNHARD HARALD SCHOPPER. ALSO, AMONG THE PAPERS SUBMITTED IS A COPY OF AN ORDER (NO. 347-1E-49) OF THE OBERLANDESGERICHT (A SUPERIOR COURT), KARLSRUHE, FEDERAL REPUBLIC OF WEST GERMANY, DATED JUNE 21, 1952, APPROVING AN APPLICATION FILED BY COLONEL SCHOPPER ON JUNE 11, 1952, FOR THE LEGITIMATION OF BERNHARD HARALD SACHER, BORN ON 11 MARCH 1950 AT KIPFENBERG/DISTRICT OF EICHSTATT. THERE WERE ALSO SUBMITTED THE OFFICER'S DEPENDENCY CERTIFICATES (DD FORMS 137), EFFECTIVE JUNE 11 AND JULY 1, 1956, AND A STATEMENT EXECUTED ON JUNE 3, 1956, BY BARBARA SACHER, THE NATURAL MOTHER OF THE CHILD, WHICH RELATE THAT THE CHILD RESIDES WITH HIS MATERNAL GRANDMOTHER, FRAU BETTI SACHER KREITTMAYRSTR 30/1, MUNICH 2, GERMANY. THEY ALSO RELATE THAT THE OFFICER REGULARLY CONTRIBUTES AN AVERAGE OF $45 A MONTH FOR THE SUPPORT, MAINTENANCE AND EDUCATION OF HIS ADOPTED SON AND THAT THE CHILD IS NOT POSSESSED OF PROPERTY OR INCOME ADEQUATE FOR HIS SUPPORT.

WHILE YOUR REQUEST FOR DECISION WAS NOT ACCOMPANIED BY THE AFFIDAVIT OF THE ACTUAL CUSTODIAN OF THE CHILD (AS CONTEMPLATED BY PAR. 40, AR 35-1465, DATED JULY 7, 1955), THE STATEMENT OF THE CHILD'S NATURAL MOTHER WILL, IN THE CIRCUMSTANCES, BE ACCEPTED AS SATISFYING THE REQUIREMENTS OF THE REGULATIONS IN THAT RESPECT.

IT REASONABLY APPEARS FROM THE SUBMITTED EVIDENCE THAT COLONEL SCHOPPER HAS A DEPENDENT (UNMARRIED MINOR ADOPTED CHILD) WITHIN THE MEANING OF SECTION 102 (B) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 804, AND THAT THE CHILD IS IN FACT DEPENDENT ON THE OFFICER. ACCORDINGLY, PAYMENT TO COLONEL SCHOPPER OF AN INCREASED BASIC ALLOWANCE FOR QUARTERS AS FOR AN OFFICER WITH A DEPENDENT IS AUTHORIZED BEGINNING JUNE 11, 1956, AND FOR SUCH TIME AS THERE IS NO MATERIAL CHANGE IN THE DEPENDENCY STATUS OF THE CHILD.

THE DEPENDENCY CERTIFICATES (DD FORMS 137) AND SUPPORTING PAPERS ARE RETURNED. SUCH EVIDENCE, TOGETHER WITH THIS DECISION, OR A COPY, SHOULD BE INCLUDED IN THE ACCOUNT WHERE CREDIT FOR THE PAYMENTS AUTHORIZED IS FIRST CLAIMED.