B-131147, APR. 22, 1957

B-131147: Apr 22, 1957

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THERE WAS SUBMITTED WITH YOUR REQUEST THE OFFICER'S DEPENDENCY CERTIFICATE (DD FORM 137) DATED JULY 20. THERE WAS ALSO SUBMITTED WITH YOUR REQUEST A CERTIFICATE EXECUTED ON DECEMBER 4. TO THE EFFECT THAT THE OFFICER'S HUSBAND IS TOTALLY INCAPACITATED DUE TO A PULMONARY DEFICIENCY RESULTING FROM TUBERCULOSIS SINCE 1932. IT IS STATED THAT HE HAD A THREE STAGE THOROCOPLASTY IN 1950 AND A HERNIORRHAPHY IN 1954. ONLY WHEN THE HUSBAND IS IN FACT DEPENDENT UPON THE FEMALE MEMBER FOR OVER HALF OF HIS SUPPORT. WHILE IT IS RECOGNIZED THAT A PULMONARY DEFICIENCY. IT IS NOT UNDERSTOOD THAT SUCH INFIRMITIES. WE MAY NOT CONCLUDE HE IS ACTUALLY A DEPENDENT UNDER THE LAW. THE SOURCE OF THE HUSBAND'S INCOME IS NOT STATED AND NO EXPLANATION HAS BEEN FURNISHED RESPECTING THE DIFFERENCE IN THE OFFICER'S AND HER HUSBAND'S SURNAME.

B-131147, APR. 22, 1957

TO MAJOR J. C. COLE, FC, DISBURSING OFFICER, DEPARTMENT OF THE ARMY:

BY 9TH INDORSEMENT DATED MARCH 18, 1957, THE CHIEF OF FINANCE FORWARDED HERE YOUR REQUEST FOR AN ADVANCE DECISION AS TO THE RIGHT OF CAPTAIN LENA MAY MORTON, L 514 194, WAC, TO BE CREDITED WITH INCREASED BASIC ALLOWANCE FOR QUARTERS AS FOR AN OFFICER WITH A DEPENDENT HUSBAND, LUCIAN W. MCKINNEY, 204 FOURTH STREET, SMITHVILLE, TEXAS, FOR THE PERIOD COMMENCING JANUARY 1, 1957.

THERE WAS SUBMITTED WITH YOUR REQUEST THE OFFICER'S DEPENDENCY CERTIFICATE (DD FORM 137) DATED JULY 20, 1956, IN WHICH SHE CERTIFIES THAT HER HUSBAND'S ACTUAL LIVING EXPENSES AVERAGE $180 A MONTH; THAT HIS INCOME AVERAGES $60 A MONTH; THAT HER CONTRIBUTION TOWARD HIS ACTUAL LIVING EXPENSES AVERAGES $120 A MONTH; AND THAT HE DOES NOT OWN ANY INCOME PRODUCING PROPERTY. THERE WAS ALSO SUBMITTED WITH YOUR REQUEST A CERTIFICATE EXECUTED ON DECEMBER 4, 1956, BY DR. JAMES W. THOMAS, POST OFFICE BOX 747, SMITHVILLE, TEXAS, TO THE EFFECT THAT THE OFFICER'S HUSBAND IS TOTALLY INCAPACITATED DUE TO A PULMONARY DEFICIENCY RESULTING FROM TUBERCULOSIS SINCE 1932. IT IS STATED THAT HE HAD A THREE STAGE THOROCOPLASTY IN 1950 AND A HERNIORRHAPHY IN 1954, LEAVING HIM VERY FRAIL AND DEFORMED ON THE LEFT SIDE.

SECTION 102 (G) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 804, PROVIDES THAT THE TERM ,DEPENDENT" SHALL INCLUDE A HUSBAND IN THE CASE OF FEMALE OFFICERS OF THE UNIFORMED SERVICES, BUT ONLY WHEN THE HUSBAND IS IN FACT DEPENDENT UPON THE FEMALE MEMBER FOR OVER HALF OF HIS SUPPORT.

IN ORDER TO BE REGARDED AS IN FACT DEPENDENT ON HIS WIFE IN THE SERVICE, A HUSBAND MUST BE INCAPABLE OF SELF-SUPPORT ON ACCOUNT OF PHYSICAL OR MENTAL INCAPACITY OR FOR SOME OTHER REASON. SEE DECISION OF FEBRUARY 16, 1953, B-113093, 32 COMP. GEN. 364. WHILE IT IS RECOGNIZED THAT A PULMONARY DEFICIENCY, A THOROCOPLASTY, AND A HERNIORRHAPHY TEMPORARILY MAY BE INCAPACITATING, IT IS NOT UNDERSTOOD THAT SUCH INFIRMITIES, IN THEMSELVES, GENERALLY RENDER A PERSON TOTALLY AND PERMANENTLY INCAPABLE OF SELF-SUPPORT. IN THE ABSENCE OF A MORE COMPLETE STATEMENT OF THE HUSBAND'S PHYSICAL CONDITION, WE MAY NOT CONCLUDE HE IS ACTUALLY A DEPENDENT UNDER THE LAW. THE SOURCE OF THE HUSBAND'S INCOME IS NOT STATED AND NO EXPLANATION HAS BEEN FURNISHED RESPECTING THE DIFFERENCE IN THE OFFICER'S AND HER HUSBAND'S SURNAME.

ACCORDINGLY, BASED ON THE PRESENT RECORD, YOU ARE NOT AUTHORIZED TO CREDIT CAPTAIN MORTON WITH AN INCREASED BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF A DEPENDENT HUSBAND FOR THE PERIOD COMMENCING JANUARY 1, 1957.

THE PAPERS SUBMITTED WITH YOUR REQUEST ARE RETAINED HERE.

THE INCREASED BASIC ALLOWANCE FOR QUARTERS CREDITED IN THE OFFICER'S PAY ACCOUNT AS FOR AN OFFICER WITH A DEPENDENT HUSBAND FROM THE DATE OF HER MARRIAGE TO HIM IN APRIL 1951 WILL BE THE SUBJECT OF AUDIT EXAMINATION IF NOT ALREADY UNDERTAKEN.