B-138202, JAN 9, 1959

B-138202: Jan 9, 1959

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DD FORM 114 (MILITARY PAY ORDER) WAS NOT FORWARDED BY YOU. THAT HIS INCOME FROM ALL SOURCES OTHER THAN HER CONTRIBUTIONS WAS $20.84 A MONTH. THAT HER CONTRIBUTION TOWARD HIS ACTUAL LIVING EXPENSES WAS $111.66 A MONTH. ONLY WHEN THE HUSBAND IS IN FACT DEPENDENT UPON THE FEMALE MEMBER FOR OVER HALF OF HIS SUPPORT. SINCE IT APPEARS FROM THE EVIDENCE SUBMITTED THAT THE HUSBAND WAS UNABLE TO SUPPORT HIMSELF DUE TO HIS DISABILITY ON MAY 15. THE OFFICER WILL BE CONSIDERED TO HAVE A DEPENDENT HUSBAND WITHIN THE APPLICABLE STATUTE AND PAYMENT OF INCREASED BASIC ALLOWANCE FOR QUARTERS AS FOR AN OFFICER WITH A DEPENDENT HUSBAND MAY BE MADE TO MAJOR SWIGERT UPON THE SUBMISSION AND FILING WITH YOU OF A VOUCHER COMMENCING WITH THAT DATE.

B-138202, JAN 9, 1959

PRECIS-UNAVAILABLE

MAJOR L.L. PERSONS, DEPARTMENT OF THE ARMY:

BY SIXTH INDORSEMENT DATED DECEMBER 15, 1958 (D.O. NUMBER 382), THE CHIEF OF FINANCE FORWARDED YOUR FOURTH INDORSEMENT DATED NOVEMBER 7, 1958, WITH ENCLOSURES, REQUESTING DECISION AS TO THE RIGHT OF MAJOR CAMILLE B. SWIGERT, L 500 193, TO INCREASED BASIC ALLOWANCE FOR QUARTERS AS FOR AN OFFICER WITH A DEPENDENT HUSBAND, CLAIMED FOR THE PERIOD BEGINNING MAY 15, 1958, ON HER APPLICATION FOR SUCH ALLOWANCE (DD FORM 137), SUBMITTED WITH YOUR INDORSEMENT. A VOUCHER, DD FORM 114 (MILITARY PAY ORDER) WAS NOT FORWARDED BY YOU. SEE PARAGRAPH 11-3-A-5, AR 37-103, C 10 DATED AUGUST 25, 1958.

IN THE OFFICER'S APPLICATION FOR SUCH ALLOWANCE, DATED MAY 16, 1958, SHE CERTIFIES THAT THE ACTUAL LIVING EXPENSES OF HER HUSBAND, 65 YEARS OF AGE, AVERAGED $132.50 A MONTH; THAT HIS INCOME FROM ALL SOURCES OTHER THAN HER CONTRIBUTIONS WAS $20.84 A MONTH; AND THAT HER CONTRIBUTION TOWARD HIS ACTUAL LIVING EXPENSES WAS $111.66 A MONTH. IN A STATEMENT DATED MAY 13, 1958, DR. HOMER B. THOMAS STATES THAT MR. SWIGERT HAS BEEN HIS PATIENT FOR A NUMBER OF YEARS, THAT HE HAS HEART TROUBLE, DIABETES MELLITUS, AND ARTHRITIS, AND THAT HE HAS BEEN UNABLE TO DO ANY WORK SINCE 1948 BECAUSE OF HIS PHYSICAL CONDITION.

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 WAS UNABLE TO SUPPORT HIMSELF DUE TO HIS DISABILITY ON MAY 15, 1958, THE OFFICER WILL BE CONSIDERED TO HAVE A DEPENDENT HUSBAND WITHIN THE APPLICABLE STATUTE AND PAYMENT OF INCREASED BASIC ALLOWANCE FOR QUARTERS AS FOR AN OFFICER WITH A DEPENDENT HUSBAND MAY BE MADE TO MAJOR SWIGERT UPON THE SUBMISSION AND FILING WITH YOU OF A VOUCHER COMMENCING WITH THAT DATE, AND SUCH PAYMENT MAY BE CONTINUED SUBSEQUENTLY SO LONG AS IT IS SHOWN BY COMPETENT MEDICAL EVIDENCE THAT THE HUSBAND IS UNABLE TO RESUME GAINFUL EMPLOYMENT DUE TO HIS DISABILITY.

THE OFFICER'S APPLICATION FOR SUCH ALLOWANCE AND THE OTHER PAPERS SUBMITTED WITH YOUR INDORSEMENT ARE ENCLOSED. THIS DECISION, OR A COPY, SHOULD BE INCLUDED IN THE ACCOUNT WHEREIN CREDIT FOR PAYMENT UNDER THE DECISION IS FIRST CLAIMED.