B-20487, OCTOBER 3, 1941, 21 COMP. GEN. 292

B-20487: Oct 3, 1941

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RENTAL AND SUBSISTENCE ALLOWANCES - DEPENDENT MOTHER - EVIDENCE REQUIREMENTS WHERE MOTHER IS MENTALLY INCOMPETENT WHERE IT IS ASSERTED THAT A MOTHER IS MENTALLY INCOMPETENT TO MAKE THE AFFIDAVIT ON STANDARD FORM 1037 REQUIRED IN CONNECTION WITH THE CLAIM OF AN OFFICER WITH A DEPENDENT MOTHER FOR RENTAL AND SUBSISTENCE ALLOWANCES. 1941: THERE HAS BEEN RECEIVED YOUR REQUEST FOR DECISION WHETHER YOU ARE AUTHORIZED TO PAY A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF FIRST LT. WHEREIN HE AVERS THAT HIS FATHER IS NO LONGER LIVING. IN LIEU OF AFFIDAVIT OF THE OFFICER'S MOTHER THERE IS FORWARDED AN AFFIDAVIT OF L. DEPOSES AND SAYS THAT HE IS A PRACTICING ATTORNEY RESIDING IN THE CITY OF KEWANEE WHERE HE HAS BEEN PRACTICING FOR THE PAST TWENTY-EIGHT YEARS.

B-20487, OCTOBER 3, 1941, 21 COMP. GEN. 292

RENTAL AND SUBSISTENCE ALLOWANCES - DEPENDENT MOTHER - EVIDENCE REQUIREMENTS WHERE MOTHER IS MENTALLY INCOMPETENT WHERE IT IS ASSERTED THAT A MOTHER IS MENTALLY INCOMPETENT TO MAKE THE AFFIDAVIT ON STANDARD FORM 1037 REQUIRED IN CONNECTION WITH THE CLAIM OF AN OFFICER WITH A DEPENDENT MOTHER FOR RENTAL AND SUBSISTENCE ALLOWANCES, THAT FACT MUST BE ESTABLISHED EITHER BY MEDICAL TESTIMONY IN THE FORM OF AFFIDAVITS OR THE PRODUCTION OF A CERTIFIED COPY OF THE COURT RECORD SHOWING A FINDING OF HER INCOMPETENCE; THERE MUST BE FURNISHED AFFIDAVITS OF OTHERS HAVING KNOWLEDGE OF THE MOTHER'S AFFAIRS, SHOWING ALL THE INFORMATION THAT WOULD BE CONTAINED IN THE MOTHER'S AFFIDAVIT; AND THE AFFIDAVIT OF THE PERSON OR CERTIFICATE OF THE OFFICER OF THE INSTITUTION HAVING CARE OF THE MOTHER, SHOWING AMOUNT REMITTED MONTHLY BY THE OFFICER, AND THE AMOUNT NECESSARY, FOR HER SUPPORT.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO MAJ. F. G. FRASER, U.S. ARMY, OCTOBER 3, 1941:

THERE HAS BEEN RECEIVED YOUR REQUEST FOR DECISION WHETHER YOU ARE AUTHORIZED TO PAY A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF FIRST LT. PATRICK M. CMEYLA, MED.-1RES., UNITED STATES ARMY, COVERING ALLOWANCES AS AN OFFICER WITH DEPENDENTS (MOTHER) FOR THE PERIOD APRIL 15, 1941, TO MAY 31, 1941, WHILE ON ACTIVE DUTY PURSUANT TO PARAGRAPH 4, SPECIAL ORDERS NO. 92, DATED: HEADQUARTERS, SEVENTH CORPS AREA, APRIL 6, 1941.

YOU FORWARD THE RESERVE OFFICER'S OWN AFFIDAVIT EXECUTED JUNE 5, 1941, AND HIS SUPPLEMENTAL AFFIDAVIT OF JULY 23, 1941, WHEREIN HE AVERS THAT HIS FATHER IS NO LONGER LIVING, HAVING DIED AT CHICAGO, ILL., FEBRUARY 1, 1936. IN LIEU OF AFFIDAVIT OF THE OFFICER'S MOTHER THERE IS FORWARDED AN AFFIDAVIT OF L. W. BRUEMMER, EXECUTED MARCH 27, 1941, AS FOLLOWS:

L. W. BRUEMMER, BEING FIRST DULY SWORN, DEPOSES AND SAYS THAT HE IS A PRACTICING ATTORNEY RESIDING IN THE CITY OF KEWANEE WHERE HE HAS BEEN PRACTICING FOR THE PAST TWENTY-EIGHT YEARS.

DEPONENT SAYS THAT IN SUCH CAPACITY, HE HAS ACTED QUITE FREQUENTLY AS ATTORNEY FOR THE FAMILY OF BOZENA CMEYLA AND IS VERY WELL ACQUAINTED WITH HER AFFAIRS. THAT THE SAID BOZENA CMEYLA RESIDES IN THE CITY OF KEWANEE IN A HOME THAT IS OWNED BY DR. PAT M. CMEYLA; THAT THE SAID PAT M. CMEYLA IS CONTRIBUTING REGULARLY AND MONTHLY TO THE SUPPORT OF HIS MOTHER, AND THAT TO THE KNOWLEDGE, INFORMATION AND BELIEF OF THIS DEPONENT, SUCH CONTRIBUTION CONSTITUTES THE SOLE SOURCE OF HER SUPPORT APART FROM SOME OF THE SMALLER COMFORTS AND LUXURIES OF LIFE.

DEPONENT FURTHER SAYS THAT THE MOTHER IS PRESENTLY MENTALLY INCOMPETENT AND UNABLE TO MAKE ANY AFFIDAVIT ON HER OWN BEHALF OR FOR ANY PURPOSE WHATSOEVER.

DEPONENT FURTHER SAYS THAT HE KNOWS THAT THE SAID BOZENA CMEYLA HAS NO MEANS OF HER OWN AND THAT SHE IS DEPENDENT UPON HER SON PAT M. CMEYLA FOR HER SUBSISTENCE.

CLAIMS FOR ALLOWANCES AUTHORIZED AND LIMITED BY SECTIONS 4, 5, AND 6 OF THE ACT OF JUNE 10, 1922, 42 STAT. 627, 628, FOR AN OFFICER WITH DEPENDENTS (MOTHER) ARE ORDINARILY CONSIDERED IN THIS OFFICE ON THE BASIS OF AN EX PARTE SHOWING BY THE CLAIMANT'S OWN AFFIDAVIT (IF A RESERVE OFFICER) AND BY HIS CLAIMED DEPENDENT MOTHER ON STANDARD FORM 1037. THIS LATTER FORM CONTAINS SOME 30 QUESTIONS WHICH, IF ANSWERED IN THE REQUIRED DETAILS, WILL PRESENT A FAIR DISCLOSURE OF THE MOTHER'S SITUATION WITH RESPECT TO HER PROPERTY HOLDINGS, INCOME FROM ALL SOURCES, LIVING ARRANGEMENTS, ETC., WHICH FACTS ARE ALL NECESSARY FOR AN ADEQUATE CONSIDERATION OF THE QUESTION OF HER DEPENDENCY ON A CLAIMING OFFICER SON. WHERE IT IS ASSERTED THAT THE MOTHER IS MENTALLY INCOMPETENT TO MAKE AN AFFIDAVIT, THAT FACT MUST BE ESTABLISHED EITHER BY (1) MEDICAL TESTIMONY IN THE FORM OF AFFIDAVITS, OR (2) THE PRODUCTION OF A CERTIFIED COPY OF THE COURT RECORD SHOWING A FINDING OF HER INCOMPETENCE, (3) THERE MUST BE FURNISHED AFFIDAVITS OF OTHERS HAVING KNOWLEDGE OF THE MOTHER'S AFFAIRS TO PRESENT TO THIS OFFICE ALL THE INFORMATION THAT WOULD BE CONTAINED IN THE MOTHER'S AFFIDAVIT EXECUTED ON STANDARD FORM 1037, AND (4) THE AFFIDAVIT OF THE PERSON OR CERTIFICATE OF THE OFFICER OF THE INSTITUTION HAVING CARE OF THE MOTHER SHOWING AMOUNT REMITTED MONTHLY BY THE OFFICER FOR SUPPORT OF THE MOTHER AND THE AMOUNT THAT IS NECESSARY FOR HER SUPPORT.

UPON THE PRESENTATIONS MADE IT IS NOT ESTABLISHED THAT THE OFFICER'S MOTHER IS IN FACT DEPENDENT ON HIM FOR HER CHIEF SUPPORT, AND YOU ARE NOT AUTHORIZED TO PAY THE VOUCHER WHICH IS RETAINED IN THIS OFFICE.