B-22473, JANUARY 8, 1942, 21 COMP. GEN. 648

B-22473: Jan 8, 1942

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1942: THERE HAS BEEN RECEIVED YOUR REQUEST FOR DECISION WHETHER YOU ARE AUTHORIZED TO CREDIT FELIPE IRIGOYEN. FOR ANY PERIOD DURING WHICH PUBLIC QUARTERS ARE NOT PROVIDED AND AVAILABLE FOR HIS DEPENDENT. ARE (1) A LAWFUL WIFE. OR (3) THE MOTHER OF THE ENLISTED MAN PROVIDED SHE IS IN FACT DEPENDENT ON HIM FOR HER CHIEF SUPPORT. YOU ARE ADVISED THAT THE TERM MOTHER AS USED IN SECTION 4 OF THE ACT OF JUNE 10. ACCORDINGLY YOU ARE NOT AUTHORIZED TO CREDIT THE ENLISTED MAN WITH A MONEY ALLOWANCE FOR QUARTERS FOR A DEPENDENT STEPMOTHER.

B-22473, JANUARY 8, 1942, 21 COMP. GEN. 648

QUARTERS - RENTAL, ETC., ALLOWANCES - DEPENDENTS - STEPMOTHERS THE TERM "MOTHER" AS USED IN SECTION 4 OF THE ACT OF JUNE 10, 1922, AS AMENDED, DEFINING THE DEPENDENTS ON ACCOUNT OF WHOM MILITARY, ETC., PERSONNEL MAY BE PAID RENTAL, SUBSISTENCE, ETC., ALLOWANCES DOES NOT INCLUDE A STEPMOTHER.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO ENSIGN D. G. CONE, UNITED STATES NAVY, JANUARY 8, 1942:

THERE HAS BEEN RECEIVED YOUR REQUEST FOR DECISION WHETHER YOU ARE AUTHORIZED TO CREDIT FELIPE IRIGOYEN, OC2C, F-4-C, U.S.P.R., WITH A MONEY ALLOWANCE FOR QUARTERS FOR A DEPENDENT STEPMOTHER.

THE ACT OF OCTOBER 17, 1940, 54 STAT. 1205, PROVIDES:

THAT EACH ENLISTED MAN OF THE FIRST, SECOND, OR THIRD GRADE OF THE ARMY OF THE UNITED STATES IN THE ACTIVE MILITARY SERVICE OF THE UNITED STATES, HAVING A DEPENDENT AS DEFINED IN SECTIONS 8 AND 8A, TITLE 37, U.S.C. SHALL, UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, BE ENTITLED TO RECEIVE, FOR ANY PERIOD DURING WHICH PUBLIC QUARTERS ARE NOT PROVIDED AND AVAILABLE FOR HIS DEPENDENT, THE MONEY ALLOWANCE FOR QUARTERS AUTHORIZED BY LAW TO BE GRANTED TO EACH ENLISTED MAN NOT FURNISHED QUARTERS IN KIND.

THE DEPENDENTS DEFINED IN SECTIONS 8 AND 8A, TITLE 37, U.S.C. (SECTION 4 OF THE ACT OF JUNE 10, 1922, 42 STAT. 627, AS AMENDED), ARE (1) A LAWFUL WIFE; (2) UNMARRIED LEGITIMATE CHILDREN, OR ADOPTED CHILDREN UNDER 21 YEARS OF AGE IN FACT DEPENDENT ON THE PERSON CLAIMING THE ALLOWANCE; OR (3) THE MOTHER OF THE ENLISTED MAN PROVIDED SHE IS IN FACT DEPENDENT ON HIM FOR HER CHIEF SUPPORT. YOU ARE ADVISED THAT THE TERM MOTHER AS USED IN SECTION 4 OF THE ACT OF JUNE 10, 1922, SUPRA, DOES NOT INCLUDE A STEPMOTHER. SEE 25 COMP. DEC. 454, 3 COMP. GEN. 820, 36 MS. COMP. GEN. 997, A-4662, AUGUST 27, 1924; 178 ID. 126, A 75357, JUNE 1, 1936; 234 ID. 338, B-14463, FEBRUARY 6, 1941.

ACCORDINGLY YOU ARE NOT AUTHORIZED TO CREDIT THE ENLISTED MAN WITH A MONEY ALLOWANCE FOR QUARTERS FOR A DEPENDENT STEPMOTHER.