B-149223, JUL. 11, 1962

B-149223: Jul 11, 1962

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THIS REQUEST WAS FORWARDED UNDER D.O. THERE ALSO WAS SUBMITTED WITH YOUR LETTER THE OFFICER'S DEPENDENCY CERTIFICATE (DD FORM 137) DATED DECEMBER 5. THAT SHE IS HIS SOLE SUPPORT AND CONTRIBUTES 100 PERCENT OF HIS ACTUAL LIVING EXPENSES. HE BECAME ILL AND WAS HOSPITALIZED THE SAME DAY. HE WAS HOSPITALIZED AGAIN ON OCTOBER 23. THAT HIS CONDITION WAS DIAGNOSED AS PERICARDITIS. STATES THAT THE OFFICER'S HUSBAND WAS HOSPITALIZED AT LETTERMAN GENERAL HOSPITAL FROM OCTOBER 23 TO NOVEMBER 10. THAT THE FINAL DIAGNOSIS WAS ACUTE BENIGN PERICARDITIS. THE TERM "DEPENDENT" IS DEFINED IN SECTION 102 (G) OF THE ACT. ONLY WHEN THE HUSBAND IS IN FACT DEPENDENT UPON THE FEMALE MEMBER FOR OVER HALF OF HIS SUPPORT.

B-149223, JUL. 11, 1962

TO LIEUTENANT COLONEL FRED R. HUSTON:

BY THIRD INDORSEMENT DATED JUNE 18, 1962, THE FIELD DIVISION, OFFICE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED YOUR LETTER DATED DECEMBER 15, 1961, REQUESTING AN ADVANCE DECISION CONCERNING THE PROPRIETY OF PAYMENT TO MAJOR ANNE ELIZABETH MCGLADE OF BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF A DEPENDENT HUSBAND FOR THE PERIOD BEGINNING OCTOBER 25, 1961. THIS REQUEST WAS FORWARDED UNDER D.O. NUMBER A-658 ALLOCATED BY THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE.

THERE ALSO WAS SUBMITTED WITH YOUR LETTER THE OFFICER'S DEPENDENCY CERTIFICATE (DD FORM 137) DATED DECEMBER 5, 1961, IN WHICH SHE CERTIFIES THAT HER HUSBAND'S ACTUAL LIVING EXPENSES AVERAGE $250 A MONTH; THAT HE HAS NO INCOME FROM OTHER SOURCES; AND THAT SHE IS HIS SOLE SUPPORT AND CONTRIBUTES 100 PERCENT OF HIS ACTUAL LIVING EXPENSES. IN EXPLAINING HER HUSBAND'S DEPENDENCY STATUS, SHE STATES THAT SHE ARRIVED AT THE PRESIDIO OF SAN FRANCISCO, CALIFORNIA, ON JULY 24, 1961, AND THAT HER HUSBAND JOINED HER THERE ON OCTOBER 6, 1961. ON OCTOBER 9, 1961, HE BECAME ILL AND WAS HOSPITALIZED THE SAME DAY, AND REMAINED THERE UNTIL OCTOBER 15, 1961. SHE FURTHER STATES IN A CERTIFICATE DATED NOVEMBER 17, 1961, HE WAS HOSPITALIZED AGAIN ON OCTOBER 23, 1961, AND RELEASED ON NOVEMBER 10, 1961; THAT HIS CONDITION WAS DIAGNOSED AS PERICARDITIS, AND THAT AS A RESULT OF THIS CONDITION HE HAS NOT BEEN ABLE TO WORK SINCE OCTOBER 9, 1961.

IN A STATEMENT ALSO DATED NOVEMBER 17, 1961, CAPTAIN J.M. AGUILO, MC, LETTERMAN GENERAL HOSPITAL, SAN FRANCISCO, CALIFORNIA, STATES THAT THE OFFICER'S HUSBAND WAS HOSPITALIZED AT LETTERMAN GENERAL HOSPITAL FROM OCTOBER 23 TO NOVEMBER 10, 1961; THAT THE FINAL DIAGNOSIS WAS ACUTE BENIGN PERICARDITIS, AND THAT HE ADVISED THE PATIENT TO CONTINUE CONVALESCENCE FOR TWO MONTHS, AFTER WHICH HIS CONDITION WOULD BE REEVALUATED TO DETERMINE WHEN HE COULD RETURN TO WORK. SUBSEQUENTLY, IN A STATEMENT DATED MAY 9, 1962, CAPTAIN AGUILO STATES THAT HE RECOMMENDED THAT THE OFFICER'S HUSBAND RETURN TO WORK BY THE END OF MARCH 1962. ALSO, ADDITIONAL INFORMATION FURNISHED BY THE OFFICER SHOWS THAT HER HUSBAND HAS PREVIOUSLY BEEN EMPLOYED AS INTERIOR DECORATOR AND DIRECTOR OF REHABILITATION AT THE CONRAD HILTON HOTEL, CHICAGO, ILLINOIS, AND SINCE APRIL 1, 1962, HE HAS BEEN MAKING CONTACTS IN SAN FRANCISCO TO ESTABLISH HIMSELF IN THAT AREA.

SECTION 302 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 812, 37 U.S.C. 252, AUTHORIZES THE PAYMENT OF AN INCREASED BASIC ALLOWANCE FOR QUARTERS TO MEMBERS OF THE UNIFORMED SERVICES ON ACCOUNT OF A DEPENDENT. THE TERM "DEPENDENT" IS DEFINED IN SECTION 102 (G) OF THE ACT, 63 STAT. 804, 37 U.S.C. 231 (G), WHICH PROVIDES THAT IN THE CASE OF FEMALE MEMBERS OF THE UNIFORMED SERVICES, THE TERM "DEPENDENT" SHALL INCLUDE A HUSBAND, BUT ONLY WHEN THE HUSBAND IS IN FACT DEPENDENT UPON THE FEMALE MEMBER FOR OVER HALF OF HIS SUPPORT. TO BE REGARDED AS IN FACT DEPENDENT UPON HIS WIFE IN THE MILITARY SERVICE A HUSBAND MUST, ON ACCOUNT OF PHYSICAL OR MENTAL INCAPACITY OR FOR OTHER REASONS, BE INCAPABLE OF SELF-SUPPORT. COMP. GEN. 364.

IN THE PRESENT CASE, THE RECORD INDICATES THAT IN OCTOBER 1961, THE OFFICER'S HUSBAND LEFT HIS EMPLOYMENT IN CHICAGO, ILLINOIS, TO JOIN HER AT SAN FRANCISCO, CALIFORNIA, AND THAT HE BECAME ILL WITH PERICARDITIS BEFORE HE OBTAINED ANOTHER POSITION. PERICARDITIS HAS BEEN DEFINED AS AS INFLAMMATION OF THE PERICARDIUM. THE PERICARDIUM IS THE CONICAL SAC OR SERIOUS MEMBRANE WHICH ENCLOSES THE HEART AND THE ROOTS OF THE GREAT BLOOD VESSELS WHICH SPRING FROM IT. SOME OF THE SYMPTOMS ARE FEVER, PAIN THE CHEST, A RAPID PULSE, COUGH, AND DYSPNEA (DIFFICULT BREATHING). SEE MALOY'S MEDICAL DICTIONARY FOR LAWYERS.

FROM THE MEDICAL STATEMENTS SUBMITTED IN SUPPORT OF THE CLAIM IT APPEARS THAT THE TREATMENT OF THE CONDITION IN THIS CASE REQUIRED THAT THE PATIENT REFRAIN FROM WORK TEMPORARILY. ALSO, IT APPEARS THAT BY THE END OF MARCH 1962 IT WAS MEDICALLY RECOMMENDED THAT HE RETURN TO WORK.

IN OUR DECISION OF JULY 14, 1954, 34 COMP. GEN. 21, WE HELD THAT A FEMALE OFFICER OF THE UNIFORMED SERVICES WHOSE HUSBAND INCURRED A TEMPORARY DISABILITY WHICH PREVENTS HIM FROM BEING GAINFULLY EMPLOYED FOR ONLY A LIMITED PERIOD OF TIME MAY NOT BE CONSIDERED TO HAVE A HUSBAND "IN FACT DEPENDENT" UPON HER FOR OVER HALF OF HIS SUPPORT WITHIN THE CONTEMPLATION OF SECTION 102 (G) OF THE CAREER COMPENSATION ACT OF 1949, SO AS TO ENTITLE THE OFFICER TO INCREASED QUARTERS ALLOWANCE. SINCE IT WAS MEDICALLY RECOMMENDED THAT THE OFFICER'S HUSBAND RETURN TO WORK BY THE END OF MARCH 1962, WE MUST CONCLUDE THAT HIS ILLNESS WAS ONLY TEMPORARY AND, THEREFORE, HE MAY NOT BE CONSIDERED A DEPENDENT HUSBAND WITHIN THE MEANING OF THE STATUTE. IN THESE CIRCUMSTANCES YOU ARE NOT AUTHORIZED TO PAY HER AN INCREASED BASIC ALLOWANCE FOR QUARTERS ON HIS ACCOUNT.