B-143833, SEP. 14, 1960

B-143833: Sep 14, 1960

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THERE WAS SUBMITTED WITH YOUR LETTER. THAT BOTH OF SUCH CHILDREN ARE IN THE LEGAL CARE. THERE WAS ALSO SUBMITTED A TRUE AND CORRECT COPY OF A FORMAL ORDER OF ADOPTION ISSUED AUGUST 19. WAS NOT SUBMITTED. THERE WAS SUBMITTED THE OFFICER'S AFFIDAVIT EXECUTED AUGUST 11. IN WHICH HE AVERS THAT SINCE JUNE 1958 PAYMENTS OF $150 A MONTH HAVE BEEN REMITTED BY HIM BY ALLOTMENT. THAT HE IS UNABLE TO GIVE THE PRINCIPAL ITEMS OF COST OF THE SUPPORT OF SUCH CHILDREN. IT IS CONSIDERED THAT HE HAD AN ADOPTED MINOR CHILD DURING THE PERIOD FOR WHICH THE ALLOWANCES ARE CLAIMED. PAYMENT OF BASIC ALLOWANCE FOR QUARTERS TO CAPTAIN POLIDORI AS FOR AN OFFICER WITH A DEPENDENT (ADOPTED MINOR CHILD) WILL BE PASSED TO CREDIT.

B-143833, SEP. 14, 1960

TO B. H. SNYDER, DISBURSING OFFICER:

BY FIRST ENDORSEMENT DATED AUGUST 24, 1960, THE COMMANDANT OF THE MARINE CORPS FORWARDED YOUR LETTER DATED AUGUST 11, 1960, AND ENCLOSURES, REQUESTING DECISION AS TO THE ENTITLEMENT OF CAPTAIN JOSEPH A. POLIDORI, UNITED STATES MARINE CORPS, 055643, TO BE CREDITED WITH BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF A DEPENDENT (ADOPTED MINOR CHILD) UNDER THE PROVISIONS OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 802, FOR THE PERIOD JULY 16 TO AUGUST 31, 1959. YOUR REQUEST HAS BEEN ASSIGNED SUBMISSION NO. DO-MC-522 BY THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE.

THERE WAS SUBMITTED WITH YOUR LETTER, AS REQUIRED BY PARAGRAPH 044038-1B (6) (B), NAVY COMPTROLLER MANUAL, THE OFFICER'S DEPENDENCY CERTIFICATE DATED AUGUST 11, 1960, IN WHICH HE CERTIFIES THAT DURING THE PERIOD OF THE CLAIM HE CONTRIBUTED $150 A MONTH FOR THE SUPPORT OF THE CHILD, MAUREEN JOYCE POLIDORI, AND FOR ANOTHER CHILD, WILLIAM FRANCIS POLIDORI, AND THAT BOTH OF SUCH CHILDREN ARE IN THE LEGAL CARE, CUSTODY, AND CONTROL OF HIS FORMER WIFE, MARGARET V. POLIDORI. THERE WAS ALSO SUBMITTED A TRUE AND CORRECT COPY OF A FORMAL ORDER OF ADOPTION ISSUED AUGUST 19, 1954, IN THE SUPERIOR COURT OF ON SLOW COUNTY, NORTH CAROLINA, EVIDENCING THE ADOPTION OF MAUREEN JOYCE POLIDORI BY THE OFFICER AND HIS FORMER WIFE. WHILE THE AFFIDAVIT OF THE FORMER WIFE, AS LEGAL CUSTODIAN OF THE CHILD, WAS NOT SUBMITTED, THERE WAS SUBMITTED THE OFFICER'S AFFIDAVIT EXECUTED AUGUST 11, 1960, IN WHICH HE AVERS THAT SINCE JUNE 1958 PAYMENTS OF $150 A MONTH HAVE BEEN REMITTED BY HIM BY ALLOTMENT; THAT HE ASSUMES THAT SUCH ALLOTMENT HAS BEEN USED FOR THE SUPPORT OF THE TWO CHILDREN; AND THAT HE IS UNABLE TO GIVE THE PRINCIPAL ITEMS OF COST OF THE SUPPORT OF SUCH CHILDREN, SINCE HE HAS HAD NO CONTACT WITH HIS FORMER WIFE FOR OVER TWO YEARS.

IN VIEW OF THE OFFICER'S AFFIDAVIT AS TO HIS ALLOTMENT, IT IS CONSIDERED THAT HE HAD AN ADOPTED MINOR CHILD DURING THE PERIOD FOR WHICH THE ALLOWANCES ARE CLAIMED. ACCORDINGLY, PAYMENT OF BASIC ALLOWANCE FOR QUARTERS TO CAPTAIN POLIDORI AS FOR AN OFFICER WITH A DEPENDENT (ADOPTED MINOR CHILD) WILL BE PASSED TO CREDIT, PROVIDED THE ALLOWANCE IS OTHERWISE PROPERLY PAYABLE, FOR THE PERIOD JULY 16 TO AUGUST 31, 1959.

THIS DECISION OR A COPY SHOULD BE INCLUDED IN THE ACCOUNT IN WHICH CREDIT FOR PAYMENT UNDER THIS DECISION IS CLAIMED.