B-142367, APR. 28, 1960

B-142367: Apr 28, 1960

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THE RECORD SHOWS THAT YOUR WIFE IS CUSTODIAN OF THE CHILDREN. THE LATTER STATEMENT WAS VERIFIED BY THE VETERANS ADMINISTRATION. THE ESTABLISHED MONTHLY INCOME FOR THE PURPOSE OF DEFRAYING CURRENT EXPENSES IS $20.84 FROM VETERANS ADMINISTRATION AND $33.70 FROM SOCIAL SECURITY. TRANSPORTATION OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY SECTION 303/C) OF THE CAREER COMPENSATION ACT OF 1949. PARAGRAPH 1150-9 OF THOSE REGULATIONS PROVIDES THAT THE TERM "DEPENDENT" AS USED IN THOSE REGULATIONS WILL BE A DEPENDENT AS DEFINED IN SECTION 102/G) OF THE CAREER COMPENSATION ACT. THAT SECTION PROVIDES THAT THE TERM "DEPENDENT" SHALL INCLUDE STEPCHILDREN ONLY WHEN SUCH STEPCHILDREN ARE IN FACT DEPENDENT UPON THE MEMBER.

B-142367, APR. 28, 1960

TO LIEUTENANT COLONEL HUGH F. RICHARDSON, RETIRED:

YOUR LETTER OF MARCH 4, 1960, REQUESTS REVIEW OF THE SETTLEMENT OF SEPTEMBER 18, 1959, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE TRAVEL OF YOUR STEPCHILDREN, MICHAEL G. AND MADELEINE SCHENE, FROM FORT LEWIS, WASHINGTON, TO ST. PETERSBURG, FLORIDA, DURING THE PERIOD AUGUST 14 TO SEPTEMBER 2, 1958, INCIDENT TO ORDERS DATED JULY 31, 1958, EFFECTING YOUR RETIREMENT.

THE RECORD SHOWS THAT YOUR WIFE IS CUSTODIAN OF THE CHILDREN. STATEMENT EXECUTED BY HER ON MARCH 7, 1959, AND SUBMITTED BY YOU IN SUPPORT OF YOUR CLAIM SHOWS THAT MONTHLY EXPENSES FOR SUPPORT OF THE CHILDREN AMOUNT TO $67.75 FOR MICHAEL AND $60.75 FOR MADELEINE, AND CONSIST OF FOOD, CLOTHING, MEDICAL AND SCHOOL COSTS. THE CERTIFICATE FURTHER SHOWS THAT EACH CHILD RECEIVES AN INCOME OF $50 PER MONTH FROM THE VETERANS ADMINISTRATION AND $33.70 PER MONTH FROM SOCIAL SECURITY. THIS CONNECTION, HOWEVER, YOUR WIFE STATED THAT THE VETERANS ADMINISTRATION ALLOWS EXPENDITURES OF ONLY $250 PER YEAR FOR THE SUPPORT OF EACH CHILD. THE LATTER STATEMENT WAS VERIFIED BY THE VETERANS ADMINISTRATION. THUS, THE ESTABLISHED MONTHLY INCOME FOR THE PURPOSE OF DEFRAYING CURRENT EXPENSES IS $20.84 FROM VETERANS ADMINISTRATION AND $33.70 FROM SOCIAL SECURITY, OR A TOTAL OF $54.54 PER MONTH FOR EACH CHILD AS COMPARED TO EXPENSES OF $67.75 AND $60.50, RESPECTIVELY.

TRANSPORTATION OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY SECTION 303/C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253/C), AND THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT THERETO. PARAGRAPH 1150-9 OF THOSE REGULATIONS PROVIDES THAT THE TERM "DEPENDENT" AS USED IN THOSE REGULATIONS WILL BE A DEPENDENT AS DEFINED IN SECTION 102/G) OF THE CAREER COMPENSATION ACT, AS AMENDED, 37 U.S.C. 231/G). THAT SECTION PROVIDES THAT THE TERM "DEPENDENT" SHALL INCLUDE STEPCHILDREN ONLY WHEN SUCH STEPCHILDREN ARE IN FACT DEPENDENT UPON THE MEMBER. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THE RECORD DOES NOT SHOW THAT YOUR STEPCHILDREN WERE DEPENDENT UPON YOU FOR THEIR SUPPORT WHEN THEY TRAVELED INCIDENT TO YOUR RETIREMENT.

IN YOUR PRESENT LETTER YOU ASK WHETHER OUR ACTION ON YOUR CLAIM IS FINAL, AND REQUEST A COPY OF THE FORM EXECUTED BY YOUR WIFE, AS WELL AS INFORMATION AS TO THE AMOUNT OF TRAVEL PAY INVOLVED. ALSO, YOU SAY THAT NONE OF THE MONEY RECEIVED FROM VETERANS OR SOCIAL SECURITY IS USED TO BUY FOOD OR PAY ANY OF THE HOUSEHOLD EXPENSES.

SINCE YOUR LETTER DOES NOT ESTABLISH THAT YOUR STEPCHILDREN WERE IN FACT DEPENDENT UPON YOU WHEN THE TRAVEL WAS PERFORMED THERE IS NO BASIS FOR PAYMENT OF YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF SEPTEMBER 18, 1959, IS SUSTAINED.

SUCH ACTION, AS IN THE CASE OF ALL CLAIMS AGAINST THE UNITED STATES IS FINAL AND CONCLUSIVE UPON THE EXECUTIVE BRANCH OF THE GOVERNMENT. HOWEVER, INDEPENDENTLY OF THE ACTION OF THIS OFFICE, THE COURT OF CLAIMS OF THE UNITED STATES HAS JURISDICTION TO CONSIDER AND DETERMINE CERTAIN CLAIMS AGAINST THE GOVERNMENT IF FILED THERE WITHIN SIX YEARS AFTER THE CLAIM FIRST ACCRUES. 28 U.S.C. 262.

A COPY OF THE CERTIFICATE FILED BY YOUR WIFE IS ENCLOSED AS REQUESTED. THE AMOUNT INVOLVED IN ..END :