B-138490, FEB 13, 1959

B-138490: Feb 13, 1959

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REQUESTING DECISION WHETHER PAYMENT IS LEGALLY AUTHORIZED ON A MILITARY PAY ORDER (DD FORM 114) DATED JULY 21. THERE WAS ALSO ENCLOSED WITH YOUR LETTER THE OFFICER'S APPLICATION FOR SUCH ALLOWANCE (DD FORM 137) IN WHICH SHE CERTIFIES THAT HER HUSBAND'S LIVING EXPENSES ARE $250 A MONTH. THAT SUCH AMOUNT IS CONTRIBUTED MONTHLY BY HER FOR HIS SUPPORT. THAT HE IS UNEMPLOYED. THAT HE WAS "INVOLUNTARILY RELEASED FROM MILITARY SERVICE BECAUSE OF AGE (57 YEARS) A POOR RECOMMENDATION FOR EMPLOYMENT IN INDUSTRY.". THE TERM "DEPENDENT" IS DEFINED IN SECTION 102(G) OF THE ACT. ARE IN FACT DEPENDENT UPON SAID FEMALE MEMBER FOR OVER HALF OF HIS OR HER SUPPORT.". THERE WAS CONSIDERED THE CASE OF A FEMALE OFFICER CLAIMING INCREASED BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF AN ALLEGED DEPENDENT HUSBAND AND IT WAS HELD THAT TO BE REGARDED AS IN FACT DEPENDENT.

B-138490, FEB 13, 1959

PRECIS-UNAVAILABLE

M. D. STRONG, DEPARTMENT OF THE ARMY:

BY FOURTH ENDORSEMENT DATED JANUARY 16, 1959 (ASSIGNED D. O. NO. 390 BY THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE), THE CHIEF, FIELD DIVISION, OFFICE OF THE CHIEF OF FINANCE, U. S. ARMY, INDIANAPOLIS 49, INDIANA, FORWARDED YOUR LETTER DATED SEPTEMBER 10, 1958, REQUESTING DECISION WHETHER PAYMENT IS LEGALLY AUTHORIZED ON A MILITARY PAY ORDER (DD FORM 114) DATED JULY 21, 1958, ENCLOSED WITH YOUR LETTER, IN FAVOR OF MAJOR LILLA B. RUNDELL, ANC, N 2 392, COVERING INCREASED BASIC ALLOWANCE FOR QUARTERS AS FOR AN OFFICER WITH A DEPENDENT HUSBAND COMMENCING AUGUST 1, 1957.

THERE WAS ALSO ENCLOSED WITH YOUR LETTER THE OFFICER'S APPLICATION FOR SUCH ALLOWANCE (DD FORM 137) IN WHICH SHE CERTIFIES THAT HER HUSBAND'S LIVING EXPENSES ARE $250 A MONTH; THAT SUCH AMOUNT IS CONTRIBUTED MONTHLY BY HER FOR HIS SUPPORT, AND THAT HE HAS NO OTHER INCOME. IN AN EXPLANATION OF HER HUSBAND'S DEPENDENCY STATUS SHE SAYS IN AN UNDATED SECOND ENDORSEMENT, LIKEWISE ENCLOSED WITH YOUR LETTER, THAT HE IS UNEMPLOYED, AND THAT HE WAS "INVOLUNTARILY RELEASED FROM MILITARY SERVICE BECAUSE OF AGE (57 YEARS) A POOR RECOMMENDATION FOR EMPLOYMENT IN INDUSTRY."

SECTION 302 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 812, AUTHORIZES THE PAYMENT OF AN INCREASED BASIC ALLOWANCE FOR QUARTERS TO MEMBERS OF THE UNIFORMED SERVICES ON ACCOUNT OF A DEPENDENT. THE TERM "DEPENDENT" IS DEFINED IN SECTION 102(G) OF THE ACT, 63 STAT. 804, WHICH PROVIDES, IN MATERIAL PART -

"*** THAT IN THE CASE OF FEMALE MEMBERS OF THE UNIFORMED SERVICES, THE TERM 'DEPENDENT' SHALL INCLUDE A HUSBAND IN ADDITION TO THOSE PERSONS OTHERWISE DEFINED AS DEPENDENTS IN THIS SUBSECTION, BUT ONLY WHEN SUCH HUSBAND, OR CHILDREN, AS DEFINED ABOVE, ARE IN FACT DEPENDENT UPON SAID FEMALE MEMBER FOR OVER HALF OF HIS OR HER SUPPORT."

IN DECISION OF FEBRUARY 16, 1953, 32 COMP. GEN. 364, THERE WAS CONSIDERED THE CASE OF A FEMALE OFFICER CLAIMING INCREASED BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF AN ALLEGED DEPENDENT HUSBAND AND IT WAS HELD THAT TO BE REGARDED AS IN FACT DEPENDENT, AS REQUIRED BY THE APPLICABLE STATUTES, THE HUSBAND MUST, ON ACCOUNT OF MENTAL OR PHYSICAL INFIRMITY, OR FOR OTHER REASON, BE INCAPABLE OF SELF-SUPPORT. A MERE SHOWING THAT THE HUSBAND DERIVES HIS LIVELIHOOD FROM HIS OFFICER WIFE IS NOT SUFFICIENT TO ESTABLISH HIS DEPENDENCY FOR THE PURPOSE OF PAYMENT OF INCREASED ALLOWANCES TO THE OFFICER.

IN THE PRESENT CASE, NO EVIDENCE HAS BEEN PRESENTED TO SHOW WHY THE OFFICER'S HUSBAND IS NOT IN FACT CAPABLE OF SELF-SUPPORT OTHER THAN THE OFFICER'S STATEMENT THAT HE IS UNEMPLOYED AND THAT HE WAS RELEASED FROM MILITARY SERVICE BECAUSE OF HIS BEING 57 YEARS OF AGE. THAT AGE, STANDING ALONE, HOWEVER, CERTAINLY DOES NOT ESTABLISH THAT THE HUSBAND IS INCAPABLE OF SELF-SUPPORT. HENCE, ON THE BASIS OF THE PRESENT RECORD, IT MAY NOT BE CONSIDERED THAT THE OFFICER HAD A DEPENDENT HUSBAND.

ACCORDINGLY, YOU ARE NOT AUTHORIZED TO MAKE PAYMENT ON THE MILITARY PAY ORDER WHICH, TOGETHER WITH THE OTHER PAPERS SUBMITTED WITH YOUR LETTER, WILL BE RETAINED HERE.