B-155172, OCT. 14, 1964

B-155172: Oct 14, 1964

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

EUROPE: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 8. MAJOR SPITZ CERTIFIED ON HER APPLICATION THAT HER HUSBAND'S LIVING EXPENSES ARE $240 PER MONTH. THAT SHE CONTRIBUTES $165 A MONTH FOR HIS SUPPORT AND THAT/HIS INCOME FROM OTHER SOURCES IS $50 TO $75. THAT HE THEN HAD A TUMOR ON HIS CHEST WHICH WAS INCREASING IN SIZE. THAT HE WAS HOSPITALIZED FOR REMOVAL OF THE TUMOR. THAT AS A RESULT OF THE OPERATION HE WAS FORCED TO GIVE UP HIS BUSINESS IN PIRMASENS AND MOVE TO HEIDELBERG TO LIVE WITH HER. THAT/HE HAS "NO STEADY AND VERY LITTLE INCOME" AND THAT BECAUSE OF REMOVAL OF LYMPH NOTES THERE IS A CONTINUOUS SWELLING IN HIS LEFT ARM WHICH IS INCREASED WITH MORE THAN NORMAL EXERCISE.

B-155172, OCT. 14, 1964

TO THE CENTRAL FINANCE AND ACCOUNTING OFFICER, UNITED STATES ARMY CENTRAL FINANCE AND ACCOUNTING OFFICE, EUROPE:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 8, 1964, FORWARDING FOR DETERMINATION OF DEPENDENCY, IN ACCORDANCE WITH PARAGRAPH 5 -35C (3) OF ARMY REGULATIONS 37-104, APPLICATION FOR BASIC ALLOWANCE FOR QUARTERS FOR MEMBERS WITH DEPENDENTS (DD FORM 137) SIGNED BY MAJOR RUTH L. SPITZ, ANC, N 762 618, 130TH STATION HOSPITAL, APO 403, NEW YORK, NEW YORK, CLAIMING AS A DEPENDENT, HER HUSBAND HARRY H. SPITZ.

MAJOR SPITZ CERTIFIED ON HER APPLICATION THAT HER HUSBAND'S LIVING EXPENSES ARE $240 PER MONTH, THAT SHE CONTRIBUTES $165 A MONTH FOR HIS SUPPORT AND THAT/HIS INCOME FROM OTHER SOURCES IS $50 TO $75. IN A STATEMENT ATTACHED TO HER APPLICATION SHE DECLARED THAT HER HUSBAND'S DEPENDENCY ACTUALLY EXISTED SINCE THE DATE OF MARRIAGE, JANUARY 10, 1964; THAT HE THEN HAD A TUMOR ON HIS CHEST WHICH WAS INCREASING IN SIZE; THAT HE WAS HOSPITALIZED FOR REMOVAL OF THE TUMOR; THAT AS A RESULT OF THE OPERATION HE WAS FORCED TO GIVE UP HIS BUSINESS IN PIRMASENS AND MOVE TO HEIDELBERG TO LIVE WITH HER; THAT/HE HAS "NO STEADY AND VERY LITTLE INCOME" AND THAT BECAUSE OF REMOVAL OF LYMPH NOTES THERE IS A CONTINUOUS SWELLING IN HIS LEFT ARM WHICH IS INCREASED WITH MORE THAN NORMAL EXERCISE.

A STATEMENT FROM MAJOR JOSEPH L. ALEXANDER, MC, 2ND GENERAL HOSPITAL, SHOWS THAT MR. SPITZ WAS ADMITTED TO THE HOSPITAL JANUARY 29, 1964; DESCRIBES THE SURGERY PERFORMED, AND DISCLOSES THAT SINCE SURGERY, MR. SPITZ HAS DONE REASONABLY WELL, ALTHOUGH HE HAS HAD SOME MINOR CHEST WALL CELLULITIS REQUIRING ONE ADDITIONAL HOSPITALIZATION AND "AT THE PRESENT TIME HE HAS BEEN REFERRED BACK TO THE U.S. ARMY HOSPITAL, HEIDELBERG, FOR FOLLOW-UP.' THE DOCTOR'S STATEMENT IS SILENT AS TO WHETHER THE HUSBAND'S DISABILITY PREVENTS HIM FROM EARNING HIS OWN LIVING OR WHETHER, IF HE IS DISABLED, SUCH INCAPACITY IS TEMPORARY OR PERMANENT.

IT IS PROVIDED IN 37 U.S.C. 401 THAT A PERSON IS NOT A DEPENDENT OF A FEMALE MEMBER OF THE ARMED FORCES UNLESS HE IS IN FACT DEPENDENT ON HER FOR OVER ONE-HALF OF HIS SUPPORT. IN A DECISION OF FEBRUARY 16, 1963, B- 113093, 32 COMP. GEN. 364, INTERPRETING A SIMILAR PROVISION CONTAINED IN SECTION 102 (G) OF THE CAREER COMPENSATION ACT OF 1949, APPROVED OCTOBER 12, 1949, CH. 681, 63 STAT. 804, IT WAS HELD THAT TO BE REGARDED AS IN FACT DEPENDENT ON A FEMALE MEMBER A HUSBAND MUST, ON ACCOUNT OF PHYSICAL OR MENTAL INCAPACITY, OR FOR OTHER REASONS, BE INCAPABLE OF SELF-SUPPORT. ALSO, IN OUR DECISION OF JULY 14, 1954, B 120126, 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 MEANING OF THE LAW.

IN THE PRESENT CASE NO COMPETENT EVIDENCE HAS BEEN FURNISHED TO SHOW THAT THE HUSBAND'S PHYSICAL CONDITIONS PREVENTS HIM FROM EARNING A LIVING. ALSO, NO PROGNOSIS HAS BEEN SUBMITTED SHOWING WHETHER, IF HE IS PRESENTLY DISABLED, SUCH CONDITION IS PERMANENT. THEREFORE, ON THE PRESENT RECORD, WE MAY NOT CONCLUDE THAT THE OFFICER HAS A DEPENDENT HUSBAND.