B-142410, APR. 14, 1960

B-142410: Apr 14, 1960

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WERE MARRIED IN CALIFORNIA IN 1949 AT WHICH TIME MRS. WAS FOUR YEARS OLD. ALTHOUGH THE ADOPTED DAUGHTER APPEARS TO HAVE BEEN SUPPORTED BY LIEUTENANT BEALL AS A MEMBER OF HIS HOUSEHOLD. SHE WAS NOT. STATING THAT SHE WILL CONTINUE TO RESIDE WITH HIM AND IS DEPENDENT UPON HIM FOR HER ENTIRE SUPPORT. THAT THE TERM "CHILDREN" SHALL BE HELD TO INCLUDE STEPCHILDREN AND ADOPTED CHILDREN WHEN SUCH STEPCHILDREN OR ADOPTED CHILDREN ARE IN FACT DEPENDENT UPON SUCH MEMBER * * *.'. BEALL WAS LEGALLY ADOPTED BY LIEUTENANT BEALL AND IS NOW AN UNMARRIED MINOR COMPLETELY DEPENDENT ON THE MEMBER FOR HER SUPPORT. THE OFFICER WILL BE CONSIDERED TO HAVE A DEPENDENT (ADOPTED MINOR CHILD) WITHIN THE MEANING OF SECTION 102 (G) OF THE CAREER COMPENSATION ACT OF 1949.

B-142410, APR. 14, 1960

MR. T. C. CRABE, AUTHORIZED CERTIFYING OFFICER, THROUGH HEADQUARTERS, UNITED STATES COAST GUARD:

YOUR LETTER OF MARCH 15, 1960, REQUESTS AN ADVANCE DECISION WHETHER LIEUTENANT ORVAL K. BEALL, 4655, UNITED STATES COAST GUARD, MAY BE CONSIDERED AN OFFICER WITH DEPENDENTS FOR PURPOSES OF BEING CREDITED WITH AN INCREASED BASIC QUARTERS ALLOWANCE ON AND AFTER JANUARY 23, 1960, ON ACCOUNT OF AN ADOPTED MINOR CHILD, SYLVIA G. BEALL.

YOUR LETTER AND THE ACCOMPANYING PAPERS DISCLOSE THE FOLLOWING PERTINENT FACTS: LIEUTENANT BEALL AND HIS WIFE, THE LATE BOBBY DEAN BEALL, WERE MARRIED IN CALIFORNIA IN 1949 AT WHICH TIME MRS. BEALL'S DAUGHTER, SYLVIA, WAS FOUR YEARS OLD. BY A DECREE ISSUED ON JUNE 20, 1951, IN THE SUPERIOR COURT IN AND FOR THE COUNTY OF SAN DIEGO, CALIFORNIA, LIEUTENANT BEALL ADOPTED HIS WIFE'S DAUGHTER. UNTIL THE DEATH OF MRS. BEALL ON JANUARY 22, 1960, THE MEMBER RECEIVED INCREASED BASIC QUARTERS ALLOWANCE AS AN OFFICER WITH DEPENDENTS. ALTHOUGH THE ADOPTED DAUGHTER APPEARS TO HAVE BEEN SUPPORTED BY LIEUTENANT BEALL AS A MEMBER OF HIS HOUSEHOLD, SHE WAS NOT, FOR PURPOSES OF BASIC QUARTERS ALLOWANCE, CLAIMED AS A DEPENDENT. AFTER THE DEATH OF HIS WIFE, LIEUTENANT BEALL EXECUTED A DEPENDENCY CERTIFICATE (DD FORM 137) NAMING SYLVIA G. BEALL A DEPENDENT CHILD UNDER 21, STATING THAT SHE WILL CONTINUE TO RESIDE WITH HIM AND IS DEPENDENT UPON HIM FOR HER ENTIRE SUPPORT.

SECTION 102 (G) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 804, AS AMENDED, 37 U.S.C. 231, DEFINES THE TERM "DEPENDENT," FOR THE PURPOSES OF THAT ACT, IN PERTINENT PART AS FOLLOWS:

"THE TERM "DEPENDENT" SHALL INCLUDE AT ALL TIMES AND IN ALL PLACES THE * * * UNMARRIED LEGITIMATE CHILDREN, UNDER TWENTY-ONE YEARS OF AGE, OF ANY MEMBER OF THE UNIFORMED SERVICES * * *. THAT THE TERM "CHILDREN" SHALL BE HELD TO INCLUDE STEPCHILDREN AND ADOPTED CHILDREN WHEN SUCH STEPCHILDREN OR ADOPTED CHILDREN ARE IN FACT DEPENDENT UPON SUCH MEMBER * * *.'

IN THE INSTANT CASE, SINCE SYLVIA G. BEALL WAS LEGALLY ADOPTED BY LIEUTENANT BEALL AND IS NOW AN UNMARRIED MINOR COMPLETELY DEPENDENT ON THE MEMBER FOR HER SUPPORT, SHE FALLS WITHIN THE STATUTORY DEFINITION OF A DEPENDENT CHILD. ACCORDINGLY, THE OFFICER WILL BE CONSIDERED TO HAVE A DEPENDENT (ADOPTED MINOR CHILD) WITHIN THE MEANING OF SECTION 102 (G) OF THE CAREER COMPENSATION ACT OF 1949, SUPRA, AND PAYMENT TO HIM OF BASIC QUARTERS ALLOWANCE AS AN OFFICER WITH DEPENDENTS IS AUTHORIZED, PROVIDED THE ALLOWANCE IS OTHERWISE PAYABLE, BEGINNING JANUARY 23, 1960, AND FOR SUCH TIME THEREAFTER AS THERE IS NO MATERIAL CHANGE IN THE DEPENDENCY STATUS OF THE CHILD. SEE 34 COMP. GEN. 378; ID. 547.

THE DEPENDENCY CERTIFICATE (DD FORM 137) AND SUPPORTING PAPERS ARE RETURNED. SUCH EVIDENCE, TOGETHER WITH THIS DECISION, OR A COPY, SHOULD BE INCLUDED IN THE ACCOUNT WHERE CREDIT FOR THE PAYMENTS AUTHORIZED IS FIRST CLAIMED.