B-49388, JUL 18, 1945

B-49388: Jul 18, 1945

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THERE WAS RECEIVED YOUR LETTER OF NOVEMBER 10. INSOFAR AS THE QUESTION HERE INVOLVED IS CONCERNED. IT APPEARS FROM THE EVIDENCE SUBMITTED WITH YOUR LETTER THAT MAJOR MILLER'S FORMER WIFE IS EMPLOYED AS A CIVILIAN EMPLOYEE OF THE GOVERNMENT AT SPENCE FIELD. WHICH AMOUNT IS COLLECTED SEMIMONTHLY BY DEDUCTION FROM THE MOTHER'S SALARY. THAT MAJOR MILLER IS ASSIGNED BACHELOR OFFICERS' QUARTERS AT SPENCE FIELD. THE OFFICER CERTIFIES THAT HE WAS DIVORCED BY A FINAL DECREE OF THE SUPERIOR COURT. THAT THE MINOR CHILD OF THE PARTIES IS IN THE CUSTODY. WHO IS REMARRIED TO CAPTAIN PHILLIP COHEN. THAT THE FATHER OF THE CHILD IS NOT REQUIRED BY THE DECREE OF DIVORCE TO PAY ALIMONY FOR THE SUPPORT OF THE CHILD.

B-49388, JUL 18, 1945

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL D. S. CUSHMAN, F.D., U.S. ARMY:

THROUGH FISCAL DIRECTOR, ARMY SERVICE FORCES, WAR DEPARTMENT:

BY INDORSEMENT OF APRIL 26, 1945, FROM THE FISCAL DIRECTOR, ARMY SERVICE FORCES, THERE WAS RECEIVED YOUR LETTER OF NOVEMBER 10, 1944, REQUESTING DECISION AS TO THE PROPRIETY OF PAYMENT ON A VOUCHER, TRANSMITTED THEREWITH, STATED IN FAVOR OF MAJOR RAHE A. MILLER, 0 334490, AIR CORPS, COVERING INCREASED RENTAL ALLOWANCE AS FOR AN OFFICER WITH DEPENDENTS (UNMARRIED MINOR CHILD), FOR THE PERIOD OCTOBER 1 TO 31, 1944.

SECTION 4 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 361, DEFINES THE TERM "DEPENDENT", INSOFAR AS THE QUESTION HERE INVOLVED IS CONCERNED, AS FOLLOWS:

"THE TERM 'DEPENDENT" AS USED IN THE SUCCEEDING SECTIONS OF THE ACT SHALL INCLUDE AT ALL TIMES AND IN ALL PLACES *** UNMARRIED CHILDREN UNDER TWENTY -ONE YEARS OF AGE. ***"

SECTION 21 OF THE MILITARY APPROPRIATION ACT, 1945, PUBLIC LAW 374, APPROVED JUNE 28, 1944, 58 STAT. 596, PROVIDES:

"DURING THE FISCAL YEAR 1945 OCCUPANCY OF GOVERNMENT FACILITIES UNDER THE JURISDICTION OF THE MILITARY ESTABLISHMENT ON A RENTAL BASIS BY PERSONNEL OF THE SERVICES MENTIONED IN THE TITLE OF THE PAY READJUSTMENT ACT OF 1942 OR BY THEIR DEPENDENTS SHALL NOT DEPRIVE SUCH PERSONNEL OF MONEY ALLOWANCE FOR RENTAL OF QUARTERS."

IT APPEARS FROM THE EVIDENCE SUBMITTED WITH YOUR LETTER THAT MAJOR MILLER'S FORMER WIFE IS EMPLOYED AS A CIVILIAN EMPLOYEE OF THE GOVERNMENT AT SPENCE FIELD, GEORGIA, AT AN ANNUAL SALARY OF $2,000; THAT SHE AND THE CHILD OCCUPY PUBLIC QUARTERS UNDER THE JURISDICTION OF THE WAR DEPARTMENT AT THAT PLACE ON A RENTAL BASIS AT THE RATE OF $13 PER MONTH, WHICH AMOUNT IS COLLECTED SEMIMONTHLY BY DEDUCTION FROM THE MOTHER'S SALARY; AND THAT MAJOR MILLER IS ASSIGNED BACHELOR OFFICERS' QUARTERS AT SPENCE FIELD, GEORGIA. ALSO, THE OFFICER CERTIFIES THAT HE WAS DIVORCED BY A FINAL DECREE OF THE SUPERIOR COURT, STATE OF GEORGIA, ON MARCH 15, 1943; THAT THE MINOR CHILD OF THE PARTIES IS IN THE CUSTODY, CARE, AND CONTROL OF MRS. LOIS V. COHEN, THE MOTHER OF THE CHILD, WHO IS REMARRIED TO CAPTAIN PHILLIP COHEN; AND THAT THE FATHER OF THE CHILD IS NOT REQUIRED BY THE DECREE OF DIVORCE TO PAY ALIMONY FOR THE SUPPORT OF THE CHILD; BUT THAT HE ACTUALLY CONTRIBUTES $100 PER MONTH FROM HIS OWN PERSONAL FUNDS FOR THE CARE, MAINTENANCE, SUPPORT, AND EDUCATION OF THE CHILD.

SINCE IT APPEARS THAT DURING THE PERIOD COVERED BY THE VOUCHER, MAJOR MILLER'S FORMER WIFE AND DEPENDENT CHILD OCCUPIED PUBLIC QUARTERS UNDER THE JURISDICTION OF THE MILITARY ESTABLISHMENT ON A RENTAL BASIS WITHIN THE MEANING OF SECTION 21 OF THE MILITARY APPROPRIATION ACT, 1945, SUPRA, SUCH OCCUPANCY DOES NOT DEPRIVE THE OFFICER OF OTHERWISE PROPER PAYMENTS OF RENTAL ALLOWANCE AS AN OFFICER WITH DEPENDENTS (UNMARRIED MINOR CHILD) AND, SINCE THE OFFICER CERTIFIES THAT HE CONTRIBUTES TO THE CHILD'S SUPPORT (SEE DECISION DATED DECEMBER 22, 1943, 23 COMP.GEN. 454), PAYMENT OF THE INCREASED RENTAL ALLOWANCE COVERED BY THE VOUCHER, IF OTHERWISE CORRECT, IS AUTHORIZED.

THE VOUCHER SUBMITTED BY YOU IS RETURNED HEREWITH. THIS DECISION, OR A COPY THEREOF, SHOULD BE ATTACHED THERETO WHEN PAYMENT THEREON IS MADE.