B-131871, JUL. 31, 1957

B-131871: Jul 31, 1957

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THAT HIS INCOME FROM ALL SOURCES OTHER THAN HER CONTRIBUTIONS IS $59 A MONTH FROM SOCIAL SECURITY PAYMENTS. THAT HER CONTRIBUTION TOWARDS HIS ACTUAL LIVING EXPENSES ARE NOT LESS THAN $150 A MONTH. SHE SAYS THAT HE IS LIVING IN ARIZONA. THAT HE IS A CHRONIC ASTHMATIC AND HAS BEEN HER DEPENDENT SINCE 1945 OR 1946. CERTIFIES THAT THE HUSBAND HAS BEEN UNDER OBSERVATION AND TREATMENT AT THAT HOSPITAL FOR THE PAST TWO YEARS BECAUSE OF CHRONIC ASTHMA AND EMPHYSEMA AND THAT HE IS PHYSICALLY INCAPABLE OF SELF-SUPPORT AND REQUIRES FREQUENT HOSPITALIZATION AND MEDICAL CARE. ONLY WHEN THE HUSBAND IS IN FACT DEPENDENT UPON THE FEMALE MEMBER FOR OVER HALF OF HIS SUPPORT. WHILE CHRONIC ASTHMA AND EMPHYSEMA ARE NOT NECESSARILY CONSIDERED TO BE PERMANENTLY INCAPACITATING.

B-131871, JUL. 31, 1957

TO CAPTAIN W. J. LITTLE, DISBURSING OFFICER, DEPARTMENT OF THE ARMY:

BY THIRD INDORSEMENT DATED MAY 15, 1957, THE CHIEF OF FINANCE FORWARDED YOUR LETTER OF APRIL 12, 1957, SUBMITTING FOR DECISION A MILITARY PAY ORDER (DD FORM 114), DATED APRIL 10, 1957, IN FAVOR OF CAPTAIN RUTH A. CARTER, N 802 138, FOR INCREASED BASIC ALLOWANCE FOR QUARTERS AS FOR AN OFFICER WITH A DEPENDENT HUSBAND FOR THE PERIOD BEGINNING JULY 1, 1956.

IN THE OFFICER'S DEPENDENCY CERTIFICATE (DD FORM 137-1) DATED JUNE 23, 1956, SHE CERTIFIES THAT HER HUSBAND'S ACTUAL LIVING EXPENSES AVERAGE $175 A MONTH; THAT HIS INCOME FROM ALL SOURCES OTHER THAN HER CONTRIBUTIONS IS $59 A MONTH FROM SOCIAL SECURITY PAYMENTS; AND THAT HER CONTRIBUTION TOWARDS HIS ACTUAL LIVING EXPENSES ARE NOT LESS THAN $150 A MONTH. EXPLAINING THE DEPENDENCY STATUS OF HER HUSBAND, APPROXIMATELY 69 YEARS OF AGE, SHE SAYS THAT HE IS LIVING IN ARIZONA, THAT HE IS A CHRONIC ASTHMATIC AND HAS BEEN HER DEPENDENT SINCE 1945 OR 1946. IN A STATEMENT DATED JANUARY 15, LIEUTENANT COLONEL CHARLES J. HORNISHER, MC, CHIEF, PROFESSIONAL SERVICES, UNITED STATES ARMY HOSPITAL, FOR HUACHUCA, ARIZONA, CERTIFIES THAT THE HUSBAND HAS BEEN UNDER OBSERVATION AND TREATMENT AT THAT HOSPITAL FOR THE PAST TWO YEARS BECAUSE OF CHRONIC ASTHMA AND EMPHYSEMA AND THAT HE IS PHYSICALLY INCAPABLE OF SELF-SUPPORT AND REQUIRES FREQUENT HOSPITALIZATION AND MEDICAL CARE.

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

TO BE REGARDED AS IN FACT DEPENDENT UPON HIS WIFE IN THE MILITARY SERVICE, A HUSBAND MUST, ON ACCOUNT OF PHYSICAL OR MENTAL INCAPACITY OR FOR OTHER REASON, BE INCAPABLE OF SELF-SUPPORT. 32 COMP. GEN. 364. WHILE CHRONIC ASTHMA AND EMPHYSEMA ARE NOT NECESSARILY CONSIDERED TO BE PERMANENTLY INCAPACITATING, IT IS RECOGNIZED THAT SUCH DISEASES FREQUENTLY RENDER A PERSON INCAPABLE OF SELF-SUPPORT FOR AN EXTENDED PERIOD. ACCORDINGLY, CONSIDERING THE AGE OF THE HUSBAND AND SINCE IT APPEARS FROM THE SUBMITTED MEDICAL CERTIFICATE THAT THE HUSBAND HAS BEEN UNABLE TO SUPPORT HIMSELF DUE TO SUCH DISEASES, AT LEAST DURING THE PERIOD JULY 1, 1956 TO JANUARY 15, 1957, THE OFFICER WILL BE CONSIDERED AS HAVING A DEPENDENT HUSBAND WITHIN THE MEANING OF THE APPLICABLE STATUTE AND PAYMENT OF AN INCREASED BASIC ALLOWANCE FOR QUARTERS AS FOR AN OFFICER WITH A DEPENDENT HUSBAND MAY BE MADE TO CAPTAIN CARTER ON THE VOUCHER SUBMITTED FOR THAT PERIOD. ALSO, PAYMENT MAY BE CONTINUED FOR SUBSEQUENT PERIODS SO LONG AS IT IS SHOWN BY COMPETENT MEDICAL EVIDENCE THAT THE HUSBAND IS UNABLE TO RESUME GAINFUL EMPLOYMENT DUE TO SUCH DISABILITY.

THE MILITARY PAY ORDER AND THE OTHER PAPERS SUBMITTED WITH YOUR LETTER ARE ENCLOSED. THIS DECISION, OR A COPY, SHOULD BE INCLUDED IN THE ACCOUNT WHERE CREDIT FOR PAYMENT UNDER THE DECISION IS FIRST CLAIMED.