B-150065, OCT 19, 1962

B-150065: Oct 19, 1962

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YOUR REQUEST WAS ASSIGNED NO. HE CERTIFIES THAT HIS DAUGHTER WAS BORN DECEMBER 21. THAT SHE DOES NOT HAVE INCOME FROM ANY SOURCE OTHER THAN HIS MONTHLY CONTRIBUTION OF NOT LESS THAN $200 FOR HER ACTUAL PERSONAL LIVING EXPENSES. THAT IN HIS OPINION SHE IS INCAPABLE OF SELF-SUPPORT BECAUSE OF BEING PHYSICALLY INCAPACITATED. WHICH CONDITION IS PERMANENT. IT APPEARS THAT THE OFFICER'S DAUGHTER IS 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 SUCH MEMBER FOR OVER HALF OF HIS OR HER SUPPORT.".

B-150065, OCT 19, 1962

PRECIS-UNAVAILABLE

OFFICER IN CHARGE, U.S. NAVY FINANCE OFFICE:

NAVY NO. 3923, BOX 19

SAN FRANCISCO, CALIFORNIA

THROUGH COMPTROLLER OF THE NAVY

DEPARTMENT OF THE NAVY

BY SECOND ENDORSEMENT DATED OCTOBER 5, 1962, THE COMPTROLLER OF THE NAVY FORWARDED YOUR LETTER OF AUGUST 29, 1962, AND ENCLOSURE, REQUESTING AN ADVANCE DECISION AS TO THE LEGALITY OF CREDITING THE PAY ACCOUNT OF COMMANDER JOHN EDWARD MORRISSEY, SC, USN, WITH BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF HIS UNMARRIED DEPENDENT DAUGHTER, SHEILA N. MORRISSEY, OVER 21 YEARS OF AGE, FOR THE PERIOD BEGINNING DECEMBER 21, 1961, AND CONTINUING INDEFINITELY. YOUR REQUEST WAS ASSIGNED NO. DO-N-675 BY THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE.

IN THE OFFICER'S DEPENDENCY CERTIFICATE (NAVCOMPT FORM 2040-2(12 57)) DATED AUGUST 29, 1962, HE CERTIFIES THAT HIS DAUGHTER WAS BORN DECEMBER 21, 1940; THAT SHE SUFFERED POLIOMYELITIS AT THE AGE OF TWO AND ONE-HALF, WITH RESIDUAL SEVERE MUSCULOSKELETAL DAMAGE WHICH RENDERS HER PERMANENTLY INCAPACITATED AND INCAPABLE OF SELF-SUPPORT; AND THAT SHE HAS OCCUPIED GOVERNMENT QUARTERS OR HOUSING FACILITIES UNDER THE JURISDICTION OF THE UNIFORMED SERVICES WITHOUT PAYMENT OF A RENTAL CHARGE. THE OFFICER ALSO CERTIFIES THAT HE CLAIMED HIS DAUGHTER AS A DEPENDENT ON HIS FEDERAL INCOME TAX RETURN FOR THE PAST CALENDAR YEAR, AND THAT SHE DOES NOT HAVE INCOME FROM ANY SOURCE OTHER THAN HIS MONTHLY CONTRIBUTION OF NOT LESS THAN $200 FOR HER ACTUAL PERSONAL LIVING EXPENSES. LIEUTENANT COMMANDER ROBERT W. TAYLOR, MC, USN, MEDICAL OFFICER, CERTIFIES THAT HE HAS ATTENDED THE OFFICER'S DAUGHTER OVER A PERIOD OF APPROXIMATELY TWO YEARS AND SEVEN MONTHS, AND THAT IN HIS OPINION SHE IS INCAPABLE OF SELF-SUPPORT BECAUSE OF BEING PHYSICALLY INCAPACITATED, WHICH CONDITION IS PERMANENT.

ON THE BASIS OF SUCH INFORMATION, IT APPEARS THAT THE OFFICER'S DAUGHTER IS 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. 321(G), WHICH PROVIDES THAT SUCH TERM 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 SUCH MEMBER FOR OVER HALF OF HIS OR HER SUPPORT."

PAYMENT OF A BASIC ALLOWANCE FOR QUARTERS IS PROHIBITED BY LAW IF AN OFFICER IS ASSIGNED GOVERNMENT QUARTERS OR HOUSING FACILITIES UNDER THE JURISDICTION OF THE UNIFORMED SERVICES APPROPRIATE TO HIS RANK AND ADEQUATE FOR HIMSELF AND HIS DEPENDENTS (37 U.S.C. 252(B)), UNLESS HIS DEPENDENTS ARE, BY REASON OF ORDERS OF COMPETENT AUTHORITY, PREVENTED FROM OCCUPYING SUCH QUARTERS (37 U.S.C. 252(D)). SINCE THE OFFICER CERTIFIES, IN EFFECT, THAT HIS DAUGHTER IS OCCUPYING SUCH QUARTERS OR FACILITIES, PAYMENT OF THE QUARTERS ALLOWANCE IS NOT AUTHORIZED AT THIS TIME. HOWEVER, IF SHE MOVES TO OTHER QUARTERS IN THE FUTURE, PAYMENT OF THE BASIC ALLOWANCE FOR QUARTERS MAY BE MADE TO THE OFFICER ON ACCOUNT OF HIS DEPENDENT DAUGHTER, PROVIDED HE THEN IS OTHERWISE ENTITLED.

THE OFFICER'S DEPENDENCY CERTIFICATE SUBMITTED WITH YOUR LETTER IS RETURNED.