B-140858, OCT. 19, 1959

B-140858: Oct 19, 1959

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THAT THE CHILD IS IN FACT DEPENDENT UPON THE MEMBER. IT FURTHER APPEARS THAT THE MEMBER'S SHIP OR STATION IS THE USCGC BITTERSWEET (WAGL-389). IS ENTITLED TO A COST-OF-LIVING ALLOWANCE. THE MEMBER WILL BE CONSIDERED TO HAVE A "DEPENDENT" (CHILD) WITHIN THE MEANING OF THAT PART OF THE DEFINITION OF SUCH TERM CONTAINED IN SECTION 102 (G) OF THE CAREER COMPENSATION ACT OF 1949. " INCLUDING STEPCHILDREN WHEN SUCH STEPCHILDREN ARE IN FACT DEPENDENT UPON THE MEMBER. PAYMENT OF A COST-OF-LIVING ALLOWANCE TO WARRANT OFFICER STURGELL ON ACCOUNT OF THE DEPENDENT CHILD (STEPCHILD) WILL BE PASSED TO CREDIT FOR THE PERIOD SUCH ALLOWANCE IS OTHERWISE PROPERLY PAYABLE AND SO LONG AS THERE IS NO MATERIAL CHANGE IN THE DEPENDENCY STATUS OF THE CHILD.

B-140858, OCT. 19, 1959

TO MR. T. C. CRABE, USCG, AUTHORIZED CERTIFYING OFFICER, UNITED STATES COAST GUARD:

BY FIRST ENDORSEMENT DATED SEPTEMBER 3, 1959, THE ACTING CHIEF, PAYMENTS AND CLAIMS DIVISION, OFFICE OF THE COMMANDANT, HEADQUARTERS, UNITED STATES COAST GUARD, FORWARDED YOUR LETTER OF THE SAME DATE, WITH ENCLOSURES, IN EFFECT REQUESTING DECISION AS TO THE RIGHT OF BILLIE L. STURGELL, MACH W- 1, USCG, SERVICE NO. 27994, TO COST-OF LIVING ALLOWANCES ON ACCOUNT OF A DEPENDENT (STEPCHILD) UNDER THE PROVISIONS OF SECTION 303 (B) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, 37 U.S.C. 253 (B), AND THE JOINT TRAVEL REGULATIONS.

IT APPEARS FROM THE EVIDENCE SUBMITTED THAT THE MEMBER HAS A MINOR STEPCHILD, GARY L. BAUER, AND THAT THE CHILD IS IN FACT DEPENDENT UPON THE MEMBER. IT FURTHER APPEARS THAT THE MEMBER'S SHIP OR STATION IS THE USCGC BITTERSWEET (WAGL-389), KODIAK, ALASKA, AND THAT HE HAS MADE A SEPARATE CLAIM FOR INCREASED ALLOWANCES ON ACCOUNT OF HIS DEPENDENT WIFE WHO, TOGETHER WITH THE STEPCHILD, RESIDES AT KODIAK.

CHANGE NO. 77 OF THE JOINT TRAVEL REGULATIONS, EFFECTIVE FEBRUARY 1, 1959, CONTAINS REGULATIONS UNDER WHICH A MEMBER STATIONED OUTSIDE THE UNITED STATES AND WHOSE DEPENDENTS RESIDE IN THE VICINITY OF HIS STATION, IS ENTITLED TO A COST-OF-LIVING ALLOWANCE, THE AMOUNT OF THE ALLOWANCE VARYING WITH THE LOCATION OF THE STATION AND THE NUMBER OF HIS DEPENDENTS.

ON THE EVIDENCE SUBMITTED, THE MEMBER WILL BE CONSIDERED TO HAVE A "DEPENDENT" (CHILD) WITHIN THE MEANING OF THAT PART OF THE DEFINITION OF SUCH TERM CONTAINED IN SECTION 102 (G) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 804, 37 U.S.C. 231 (G), WHICH PROVIDES THAT THE TERM ,DEPENDENT" SHALL INCLUDE "UNMARRIED LEGITIMATE CHILDREN, UNDER TWENTY-ONE YEARS OF AGE," INCLUDING STEPCHILDREN WHEN SUCH STEPCHILDREN ARE IN FACT DEPENDENT UPON THE MEMBER.

ACCORDINGLY, PAYMENT OF A COST-OF-LIVING ALLOWANCE TO WARRANT OFFICER STURGELL ON ACCOUNT OF THE DEPENDENT CHILD (STEPCHILD) WILL BE PASSED TO CREDIT FOR THE PERIOD SUCH ALLOWANCE IS OTHERWISE PROPERLY PAYABLE AND SO LONG AS THERE IS NO MATERIAL CHANGE IN THE DEPENDENCY STATUS OF THE CHILD.

THIS DECISION, OR A COPY, SHOULD BE INCLUDED IN THE ACCOUNT WHEREIN CREDIT UNDER THIS DECISION IS FIRST CLAIMED. THE PAPERS SUBMITTED WITH YOUR LETTER ARE RETURNED.