B-142813, MAY 25, 1960

B-142813: May 25, 1960

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DEPARTMENT OF THE ARMY: REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 28. THE REQUEST WAS FORWARDED TO OUR OFFICE BY 4TH INDORSEMENT DATED MAY 5. THE OFFICER STATES THAT HIS SON IS NOT PHYSICALLY ABLE TO DO WORK OF ANY KIND AND IS UNDER CONSTANT CARE HAVING BEEN DEPENDENT SINCE BIRTH. THE CLAIM IS SUPPORTED BY A STATEMENT FROM MAJOR JOHN E. IT APPEARS THAT DURING THE PERIOD THE TRAVEL WAS PERFORMED THE OFFICER'S SON WAS HIS "DEPENDENT" WITHIN THE MEANING OF THAT PART OF THE DEFINITION OF THE TERM "DEPENDENT" CONTAINED IN SECTION 102 (G) OF THE CAREER COMPENSATION ACT OF 1949. WHO ARE INCAPABLE OF SELF- SUPPORT BECAUSE OF BEING PHYSICALLY INCAPACITATED. WHO ARE IN FACT DEPENDENT ON THE MEMBER FOR OVER HALF OF HIS OR HER SUPPORT.

B-142813, MAY 25, 1960

TO LIEUTENANT COLONEL W. T. HALL, FC, FINANCE AND ACCOUNTING OFFICER, DEPARTMENT OF THE ARMY:

REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 28, 1960, REQUESTING AN ADVANCE DECISION CONCERNING THE PROPRIETY OF PAYMENT ON A VOUCHER FORWARDED THEREWITH STATED IN FAVOR OF LIEUTENANT COLONEL LAWRENCE J. NELSON, IN THE AMOUNT OF $114.33, REPRESENTING MILEAGE ALLOWANCE CLAIMED FOR TRANSPORTATION OF HIS SON, JAMES L. NELSON, OVER 21 YEARS OF AGE, FROM METZ, FRANCE, TO BREMERHAVEN, GERMANY, AND FROM NEW YORK, NEW YORK, TO FORT ORD, CALIFORNIA, THE TRAVEL HAVING BEEN PERFORMED BETWEEN JULY 27 AND SEPTEMBER 3, 1959, INCIDENT TO PERMANENT CHANGE OF STATION ORDERS DATED JULY 10, 1959. THE REQUEST WAS FORWARDED TO OUR OFFICE BY 4TH INDORSEMENT DATED MAY 5, 1960, HAVING BEEN ASSIGNED CONTROL NO. 60-18 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

THE OFFICER STATES THAT HIS SON IS NOT PHYSICALLY ABLE TO DO WORK OF ANY KIND AND IS UNDER CONSTANT CARE HAVING BEEN DEPENDENT SINCE BIRTH, AND THE CLAIM IS SUPPORTED BY A STATEMENT FROM MAJOR JOHN E. BANCROFT, MC, ORTHOPAEDIC SECTION, U.S. ARMY HOSPITAL, FORT ORD, CALIFORNIA, THAT THE SON HAS PERMANENT RESIDUALS OF CEREBRAL PALSY, SEVERE, RENDERING HIM INCAPABLE OF SELF-SUPPORT.

ON THE BASIS OF SUCH INFORMATION, IT APPEARS THAT DURING THE PERIOD THE TRAVEL WAS PERFORMED THE OFFICER'S SON WAS HIS "DEPENDENT" WITHIN THE MEANING OF THAT PART OF THE DEFINITION OF THE TERM "DEPENDENT" CONTAINED IN SECTION 102 (G) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 804, 37 U.S.C. 231 (G), WHICH PROVIDES THAT SUCH TERMS SHALL INCLUDE UNMARRIED LEGITIMATE CHILDREN, OVER 21 YEARS OF AGE, WHO ARE INCAPABLE OF SELF- SUPPORT BECAUSE OF BEING PHYSICALLY INCAPACITATED, AND WHO ARE IN FACT DEPENDENT ON THE MEMBER FOR OVER HALF OF HIS OR HER SUPPORT.

WE ARE RETURNING THE VOUCHER AND SUPPORTING PAPERS TO YOU AND PAYMENT ON THE VOUCHER IS AUTHORIZED, IF OTHERWISE CORRECT.