B-135646, APR. 7, 1958

B-135646: Apr 7, 1958

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WHICH AMOUNT IS CONTRIBUTED BY HER. THAT IF AND WHEN THERE IS SUFFICIENT BLOOD SUPPLY TO THE AFFECTED AREA THE DOCTOR PLANS TO DO ANOTHER BONE GRAFT. THAT WHILE HER HUSBAND IS AMBULATORY WITH THE AID OF CRUTCHES. HE IS UNABLE TO WORK. SAYS THAT WHILE THE HUSBAND IS AMBULATORY AND GETTING AROUND. THE FRACTURE OF THE LEFT FEMUR HAS NOT PERFECTLY HEALED BUT IS IN GOOD APPOSITION WITH AN INTRAMEDULLARY ROD BEING IN PLACE. ONLY WHEN THE HUSBAND IS IN FACT DEPENDENT UPON THE FEMALE MEMBER FOR OVER HALF OF HIS SUPPORT. THE OFFICER WILL BE CONSIDERED AS HAVING A DEPENDENT HUSBAND WITHIN THE MEANING OF THE APPLICABLE STATUTE AND PAYMENT OF INCREASED BASIC ALLOWANCE FOR QUARTERS AS FOR AN OFFICER WITH A DEPENDENT HUSBAND MAY BE MADE TO CAPTAIN DOYLE ON THE VOUCHER SUBMITTED FOR THAT PERIOD.

B-135646, APR. 7, 1958

TO CAPTAIN J. J. CLUBA, JR., DISBURSING OFFICER, DEPARTMENT OF THE ARMY:

BY SECOND INDORSEMENT DATED MARCH 25, 1958 (D.O. NUMBER 327), THE CHIEF OF FINANCE FORWARDED YOUR LETTER DATED FEBRUARY 13, 1958, SUBMITTING FOR DECISION A MILITARY PAY ORDER (DD FORM 114), DATED FEBRUARY 10, 1958, STATED IN FAVOR OF CAPTAIN OLA W. DOYLE, N 702 268, ARMY NURSE CORPS, FOR INCREASED BASIC ALLOWANCE FOR QUARTERS AS FOR AN OFFICER WITH A DEPENDENT HUSBAND FOR THE PERIOD BEGINNING JANUARY 1, 1958.

IN THE OFFICER'S APPLICATION FOR SUCH ALLOWANCE (DD FORM 137) DATED DECEMBER 16, 1957, SHE CERTIFIES THAT THE ACTUAL LIVING EXPENSES OF HER HUSBAND, 53 YEARS OF AGE, AVERAGE $200 A MONTH, WHICH AMOUNT IS CONTRIBUTED BY HER, AND THAT HE HAS NO INCOME FROM OTHER SOURCES. IN A STATEMENT DATED FEBRUARY 4, 1958, SHE SAYS HER HUSBAND HAS A COMPOUND FRACTURE OF THE LEFT FEMUR WITH NON-UNION; THAT HE HAS HAD MAJOR SURGERY SEVERAL TIMES DURING THE PAST FIVE YEARS WHICH INCLUDED BONE PLATES, PINS, GRAFTS AND AN INTRAMEDULLARY ROD; THAT IF AND WHEN THERE IS SUFFICIENT BLOOD SUPPLY TO THE AFFECTED AREA THE DOCTOR PLANS TO DO ANOTHER BONE GRAFT; AND THAT WHILE HER HUSBAND IS AMBULATORY WITH THE AID OF CRUTCHES, HE IS UNABLE TO WORK. IN A STATEMENT DATED FEBRUARY 3, 1958, DR. H. E. MARTIN, VETERANS ADMINISTRATION HOSPITAL, FAYETTEVILLE, ARKANSAS, SAYS THAT WHILE THE HUSBAND IS AMBULATORY AND GETTING AROUND, THE FRACTURE OF THE LEFT FEMUR HAS NOT PERFECTLY HEALED BUT IS IN GOOD APPOSITION WITH AN INTRAMEDULLARY ROD BEING IN PLACE.

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. BE REGARDED AS IN FACT DEPENDENT UPON HIS WIFE IN THE MILITARY SERVICE, A HUSBAND MUST BE INCAPABLE OF SELF-SUPPORT ON ACCOUNT OF PHYSICAL OR MENTAL INCAPACITY OR FOR OTHER REASON. 32 COMP. GEN. 364.

SINCE IT APPEARS FROM THE EVIDENCE SUBMITTED THAT THE HUSBAND HAS BEEN UNABLE TO SUPPORT HIMSELF DUE TO HIS DISABILITY, AT LEAST DURING THE PERIOD JANUARY 1 THROUGH FEBRUARY 3, 1958, THE OFFICER WILL BE CONSIDERED AS HAVING A DEPENDENT HUSBAND WITHIN THE MEANING OF THE APPLICABLE STATUTE AND PAYMENT OF INCREASED BASIC ALLOWANCE FOR QUARTERS AS FOR AN OFFICER WITH A DEPENDENT HUSBAND MAY BE MADE TO CAPTAIN DOYLE 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 HIS DISABILITY.

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