B-130973, MAY 2, 1957

B-130973: May 2, 1957

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FOR ADVANCE DECISION WHETHER CREDIT OF INCREASED BASIC ALLOWANCE FOR QUARTERS BECAUSE OF DEPENDENTS IS AUTHORIZED. WHILE THE FACTS ACCOMPANYING YOUR SUBMISSION ARE MEAGER. WHERE THE SON WAS PLACED WITH HIS GRANDMOTHER IN JACKSON. - WHO WAS A CIVILIAN EMPLOYEE OF THE ARMY AND WHO. SHE WAS ASSIGNED TO THOSE SAME QUARTERS AND REMAINED THERE WITH THE THREE OTHER CHILDREN UNTIL NOVEMBER 20. IT THUS APPEARS THAT THE OFFICER'S WIFE WAS FURNISHED QUARTERS AT GOVERNMENT EXPENSE FOR HERSELF AND CHILDREN AND THAT THE OFFICER. THE OFFICER'S DEPENDENTS APPEAR TO HAVE BEEN ASSIGNED ADEQUATE QUARTERS AND IT WAS FOR PERSONAL REASONS RATHER THAN BY REASON OF ANY ORDERS OF COMPETENT AUTHORITY THAT THE CHILD IN QUESTION DID NOT RESIDE IN SUCH QUARTERS WITH THE OTHER MEMBERS OF THE OFFICER'S FAMILY.

B-130973, MAY 2, 1957

TO LIEUTENANT COLONEL P. W. HERBST:

THE CHIEF OF FINANCE HAS FORWARDED HERE YOUR 8TH INDORSEMENT OF JANUARY 25, 1957, SUBMITTING DEPENDENCY CERTIFICATES (DD FORMS 137) EXECUTED BY CAPTAIN WILLIAM N. GALT, 02 206 426, FOR ADVANCE DECISION WHETHER CREDIT OF INCREASED BASIC ALLOWANCE FOR QUARTERS BECAUSE OF DEPENDENTS IS AUTHORIZED.

WHILE THE FACTS ACCOMPANYING YOUR SUBMISSION ARE MEAGER, IT APPEARS THAT ON AUGUST 22, 1955, INCIDENT TO HIS PERMANENT CHANGE OF STATION FROM MANNHEIM, GERMANY, TO FORT BENNING, GEORGIA, CAPTAIN GALT VACATED ASSIGNED QUARTERS AT MANNHEIM AND, WITH HIS ADOPTED SON, JOHN WILLIAM GALT, 15 YEARS OLD, TRAVELED TO THE UNITED STATES, WHERE THE SON WAS PLACED WITH HIS GRANDMOTHER IN JACKSON, MISSISSIPPI, FOR THE PURPOSE OF ATTENDING SCHOOL, THE OFFICER PAYING THE GRANDMOTHER $100 MONTHLY FOR BOARD AND CARE. MEANWHILE, THE OFFICER'S WIFE--- WHO WAS A CIVILIAN EMPLOYEE OF THE ARMY AND WHO, WITH ALL FOUR OF THEIR CHILDREN (INCLUDING THE ADOPTED SON), HAD LIVED WITH THE OFFICER IN THE ASSIGNED QUARTERS AT MANNHEIM--- REMAINED AT MANNHEIM WHERE, IN HER STATUS AS A CIVILIAN EMPLOYEE, SHE WAS ASSIGNED TO THOSE SAME QUARTERS AND REMAINED THERE WITH THE THREE OTHER CHILDREN UNTIL NOVEMBER 20, 1955, WHEN SHE DEPARTED FROM GERMANY TO JOIN THE OFFICER AT FORT BENNING.

IT THUS APPEARS THAT THE OFFICER'S WIFE WAS FURNISHED QUARTERS AT GOVERNMENT EXPENSE FOR HERSELF AND CHILDREN AND THAT THE OFFICER--- FOR PERSONAL REASONS--- DID NOT PERMIT THE CHILD IN QUESTION TO RESIDE IN THOSE QUARTERS. IN OTHER WORDS, THE OFFICER'S DEPENDENTS APPEAR TO HAVE BEEN ASSIGNED ADEQUATE QUARTERS AND IT WAS FOR PERSONAL REASONS RATHER THAN BY REASON OF ANY ORDERS OF COMPETENT AUTHORITY THAT THE CHILD IN QUESTION DID NOT RESIDE IN SUCH QUARTERS WITH THE OTHER MEMBERS OF THE OFFICER'S FAMILY.

IT HAS BEEN HELD IN OUR DECISIONS AND IN DECISIONS OF THE COURT OF CLAIMS THAT WHERE AN OFFICER'S DEPENDENTS RESIDE IN PUBLIC QUARTERS SO THAT HE IS NOT REQUIRED TO PROVIDE QUARTERS FOR THEM INCREASED ALLOWANCE ON THEIR ACCOUNT IS NOT PAYABLE. SEE 23 COMP. GEN. 856, AND CASES THEREIN CITED. THE SAME IS TRUE WHERE PUBLIC QUARTERS ARE AVAILABLE FOR THE DEPENDENTS AND, FOR PERSONAL REASONS, NOT UTILIZED. COMPARE 35 COMP. GEN. 10.

ACCORDINGLY, YOU ARE NOT AUTHORIZED TO MAKE PAYMENT IN CONNECTION WITH THE SUBMITTED DEPENDENCY CERTIFICATES (DD FORMS 137) WHICH ARE BEING RETAINED HERE.