B-139356, MAY 21, 1959

B-139356: May 21, 1959

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THE FATHER WAS AWARDED CUSTODY OF THE SON AND THE SON WAS IN THE CARE AND CUSTODY OF HIS FATHER UNTIL MARCH 3. THE OFFICER WILL BE CONSIDERED TO HAVE A "DEPENDENT" WITHIN THAT PART OF THE DEFINITION CONTAINED IN SECTION 102(G) OF THE CAREER COMPENSATION ACT OF 1949. SUCH TERM SHALL INCLUDE CHILDREN WHEN SUCH CHILDREN ARE IN FACT DEPENDENT UPON THE FEMALE MEMBER FOR OVER HALF OF HIS OR HER SUPPORT. ON ACCOUNT OF A DEPENDENT MINOR CHILD WILL BE PASSED TO CREDIT. PROVIDED THE ALLOWANCE IS OTHERWISE PROPERLY PAYABLE. FOR THAT PERIOD AND THEREAFTER SO LONG AS THERE IS NO MATERIAL CHANGE IN THE DEPENDENCY STATUS OF THE CHILD. THE ENCLOSURES SUBMITTED WITH YOUR INDORSEMENT ARE RETURNED. SHOULD BE INCLUDED IN THE ACCOUNT WHERE CREDIT FOR PAYMENTS AUTHORIZED IS FIRST CLAIMED.

B-139356, MAY 21, 1959

PRECIS-UNAVAILABLE

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

BY FOURTH INDORSEMENT DATED APRIL 13, 1959, THE CHIEF, FIELD DIVISION, OFFICE OF THE CHIEF OF FINANCE, INDIANAPOLIS 49, INDIANA, FORWARDED YOUR SECOND INDORSEMENT DATED JANUARY 12, 1959, WITH ENCLOSURES, REQUESTING DECISION (ASSIGNED D.O. NUMBER 414 BY THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE) WHETHER CAPTAIN ELIZABETH R. HOAGLAND, CHEMICAL CORPS, WAC, L 1010068, MAY BE CREDITED WITH INCREASED BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF A DEPENDENT SON FOR THE PERIOD MARCH 3 TO DECEMBER 18, 1958.

IT APPEARS FROM THE PAPERS SUBMITTED WITH YOUR INDORSEMENT THAT, UNDER THE PROVISIONS OF A DIVORCE DECREE GRANTED IN 1943 DIVORCING THE OFFICER AND THE FATHER OF THE SON, THE FATHER WAS AWARDED CUSTODY OF THE SON AND THE SON WAS IN THE CARE AND CUSTODY OF HIS FATHER UNTIL MARCH 3, 1958, THE SON'S EIGHTEENTH BIRTHDAY. THE OFFICER SAYS THAT ON THAT DATE, THE FATHER HAVING BECOME BANKRUPT, HE FELT FREE OF LEGAL RESPONSIBILITY FOR THE SON AND THAT, WITH THE FATHER'S CONSENT, SHE ASSUMED THE FULL EXPENSE OF THE SON'S CARE AND EDUCATION, INCLUDING HIS ATTENDANCE AT COLLEGE.

ON THE EVIDENCE SUBMITTED, THE OFFICER WILL BE CONSIDERED TO HAVE A "DEPENDENT" WITHIN THAT PART OF THE DEFINITION CONTAINED IN SECTION 102(G) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 804, 805, WHICH PROVIDES THAT, IN THE CASE OF FEMALE MEMBERS OF THE UNIFORMED SERVICES, SUCH TERM SHALL INCLUDE CHILDREN WHEN SUCH CHILDREN ARE IN FACT DEPENDENT UPON THE FEMALE MEMBER FOR OVER HALF OF HIS OR HER SUPPORT. ACCORDINGLY, PAYMENT TO THE OFFICER OF AN INCREASED BASIC ALLOWANCE FOR QUARTERS FOR THE PERIOD MARCH 3 TO DECEMBER 18, 1958, THE DATE OF THE OFFICER'S APPLICATION FOR BASIC ALLOWANCE FOR QUARTERS FOR A MEMBER WITH A DEPENDENT (DD FORM 137) SUBMITTED WITH YOUR INDORSEMENT, ON ACCOUNT OF A DEPENDENT MINOR CHILD WILL BE PASSED TO CREDIT, PROVIDED THE ALLOWANCE IS OTHERWISE PROPERLY PAYABLE, FOR THAT PERIOD AND THEREAFTER SO LONG AS THERE IS NO MATERIAL CHANGE IN THE DEPENDENCY STATUS OF THE CHILD.

THE ENCLOSURES SUBMITTED WITH YOUR INDORSEMENT ARE RETURNED.

THIS DECISION, OR A COPY, SHOULD BE INCLUDED IN THE ACCOUNT WHERE CREDIT FOR PAYMENTS AUTHORIZED IS FIRST CLAIMED.