B-84300, APR 5, 1949

B-84300, APR 5, 1949

PRECIS-UNAVAILABLE

MAJOR O. S. GOLEMAN, F.D., FINANCE OFFICER:

BY FIRST INDORSEMENT OF MARCH 8, 1949, OF THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, THERE WAS FORWARDED TO THIS OFFICE YOUR LETTER DATED FEBRUARY 7, 1949, REQUESTING DECISION WHETHER PAYMENT IS LEGALLY AUTHORIZED ON A VOUCHER, TRANSMITTED THEREWITH, STATED IN FAVOR OF CAPTAIN MILDRED P. TURTON, N-250, ARMY NURSE CORPS, COVERING THE DIFFERENCE BETWEEN SUBSISTENCE ALLOWANCE AS FOR AN OFFICER WITH DEPENDENTS (MOTHER) AND WITHOUT DEPENDENTS, AND RENTAL ALLOWANCE ON ACCOUNT OF SUCH DEPENDENT FOR THE PERIOD FROM JANUARY 17 TO 31, 1949.

YOU STATE IN YOUR LETTER THAT THE OFFICER-NURSE IS MARRIED TO CHIEF WARRANT OFFICER WILLIAM U. TURTON, U.S. ARMY, "WHO IS ALSO ON DUTY AT THIS STATION AND WHO HAS BEEN ASSIGNED SAME QUARTERS AS CLAIMANT, APARTMENT NO. 109", CONSISTING OF THREE ROOMS AND BATH; THAT IN THE CASE OF CHIEF WARRANT OFFICER TURTON, "ORDERS COVERING ASSIGNMENT OF QUARTERS SPECIFIED THAT QUARTERS WERE ADEQUATE FOR AN OFFICER WITH DEPENDENTS; THEREFORE, NO PAYMENT IS BEING MADE TO HIM FOR ALLOWANCES FOR A DEPENDENT SON BY A FORMER MARRIAGE LIVING ELSEWHERE, IN ACCORDANCE WITH THE PRINCIPLES SET FORTH IN 25 COMPTROLLER GENERAL 220." ALSO, YOU STATE THAT "THE QUESTION HERE INVOLVED IS WHETHER ASSIGNMENT OF PUBLIC QUARTERS, ADEQUATE FOR DEPENDENTS, TO CWO TURTON HAS APPLICATION TO HIS WIFE AND HER DEPENDENT."

AMONG THE PAPERS SUBMITTED WITH YOUR LETTER IS A COPY OF SPECIAL ORDERS NO. 13, HEADQUARTERS ARMY AND NAVY GENERAL HOSPITAL, HOT SPRINGS NATIONAL PARK, ARKANSAS, DATED JANUARY 19, 1949, PARAGRAPH 11 OF WHICH READS AS FOLLOWS:

"VOCO 17 JAN 49, ASGN QRS IN EASTMAN ANNEX (APT #109) TO CAPT MILDRED P. TURTON, N-250, ANC, EFFECTIVE 17 JAN 49, SHE HAVING RPTD AT THIS STA FOR DY THAT DATE IN COMPLIANCE WITH PAR 10 SO 260, DA DTD 3 DEC 48, ARE HEREBY CONFIRMED AND MADE OF RECORD, AUTH: PAR 40-B (1) AR 210-10 DTD 6 MAY 47."

SECTIONS 5 AND 6 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 361, AUTHORIZE PAYMENT OF INCREASED SUBSISTENCE ALLOWANCE AND RENTAL ALLOWANCE ON ACCOUNT OF DEPENDENTS UNDER THE CIRCUMSTANCES AND CONDITIONS HEREIN SET FORTH, AND SECTION 4 OF THE SAID ACT, AS AMENDED BY SECTION 6 OF THE ACT OF SEPTEMBER 7, 1944, 58 STAT. 730, DEFINES THE TERM "DEPENDENT" AS USED IN THE SAID ACT, AS FOLLOWS:

"THE TERM 'DEPENDENT" AS USED IN THE SUCCEEDING SECTIONS OF THIS ACT SHALL INCLUDE AT ALL TIMES AND IN ALL PLACES A LAWFUL WIFE AND UNMARRIED CHILDREN UNDER TWENTY-ONE YEAR OF AGE. IT SHALL ALSO INCLUDE THE FATHER OR MOTHER OF THE PERSON CONCERNED PROVED HE OR SHE IS IN FACT DEPENDENT ON SUCH PERSON FOR HIS OR HER CHIEF SUPPORT: PROVIDED, THAT THE TERM 'CHILDREN' SHALL BE HELD TO INCLUDE STEPCHILDREN AND ADOPTED CHILDREN WHEN SUCH STEPCHILDREN OR ADOPTED CHILDREN ARE IN FACT DEPENDENT UPON THE PERSON CLAIMING DEPENDENCY ALLOWANCE.

"NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY FEMALE MEMBER OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, OR THE RESERVE COMPONENTS THEREOF SHALL BE ENTITLED TO ALL ALLOWANCES AND BENEFITS AUTHORIZED IN THIS ACT ON ACCOUNT OF DEPENDENTS BUT ONLY IN THE CASE OF A HUSBAND, A CHILD OR CHILDREN, OR A PARENT OR PARENTS IN FACT DEPENDENT UPON HER FOR THEIR CHIEF SUPPORT."

ARMY REGULATIONS 210-10, DATED MAY 6, 1947, IN EFFECT DURING THE PERIOD HERE INVOLVED, PROVIDE, IN PERTINENT PART, AS FOLLOWS:

"40. ASSIGNMENT OF QUARTERS, OFFICERS.-- ***

"B. ASSIGNMENT TO OFFICERS REPORTING FOR DUTY.

"(3) AN OFFICER REPORTING AT PERMANENT STATION WILL NOT BE ASSIGNED QUARTERS CONSIDERED ADEQUATE FOR AN OFFICER WITH DEPENDENTS UNLESS SUCH OFFICER IS ACCOMPANIED BY HIS DEPENDENTS, OR HIS DEPENDENTS ARE EN ROUTE TO JOIN HIM."

"41. ADEQUACY OF QUARTERS, OFFICERS.-- A. IN DETERMINING THE ADEQUACY OF QUARTERS THE POST COMMANDER MAKING ASSIGNMENT WILL GIVE DUE CONSIDERATION TO THE GRADE OF THE OFFICER AND TO THE AGE AND SEX OF DEPENDENTS.

"42. TERMINATION OF QUARTERS, OFFICERS.-- ***

"E. THE GENERAL PRINCIPLES SET FORTH IN PARAGRAPHS 40, 41, AND 42 WILL GOVERN IN DETERMINING QUARTERS QUESTIONS OF FEMALE OFFICERS AND WARRANT OFFICERS, SO FAR AS APPLICABLE. SEE ALSO PARAGRAPH 11, AR 40 20, AND PARAGRAPH 4, AR 610-5."

PARAGRAPH 21, ARMY REGULATIONS 40-20, DATED APRIL 22, 1948, PROVIDES:

"QUARTERS. ON THE SAME SPACE BASIS AS OTHER BACHELOR OFFICERS IN COMPARABLE GRADE."

AN OFFICER OF THE ARMY NURSE CORPS IS ENTITLED, IN HER OWN RIGHT, TO BE FURNISHED QUARTERS IN KIND OR TO BE PAID A RENTAL ALLOWANCE WHEN QUARTERS IN KIND ARE NOT AVAILABLE. SEE 22 COMP.GEN. 955; 23 ID. 109; ID. 216. HENCE, IN VIEW OF THE AUTHORITY CITED IN THE ABOVE-QUOTED SPECIAL ORDERS FOR THE ASSIGNMENT OF QUARTERS TO THE OFFICER-NURSE, AND SINCE THE REGULATIONS WITH RESPECT TO QUARTERS TO THE OFFICER-NURSE, AND SINCE THE REGULATIONS WITH RESPECT TO QUARTERS FOR OFFICERS OF THE ARMY NURSE CORPS LIMIT SUCH SPACE TO THAT FOR BACHELOR OFFICERS, IT APPEARS THAT THE QUARTERS ACTUALLY ASSIGNED TO THE OFFICER-NURSE WERE ON THE BASIS OF AN OFFICER WITHOUT DEPENDENTS, NOTWITHSTANDING THE DESIGNATION GIVEN TO THE QUARTERS ASSIGNED TO HER HUSBAND, CHIEF WARRANT OFFICER TURTON, AND JOINTLY OCCUPIED BY THEM. THERE IS NO REQUIREMENT THAT AN OFFICER WITH DEPENDENTS OF THE SEVERAL CLASSES NAMED IN SECTION 4 OF THE PAY READJUSTMENT ACT OF 1942, SUPRA, MUST CLAIM THE INCREASED ALLOWANCES ON ACCOUNT OF HIS DEPENDENT OF THE CLASS NAMED FIRST THEREIN. SEE 23 COMP.GEN. 404. IT IS CLEAR THAT CAPTAIN TURTON'S HUSBAND, WHO IS A CHIEF WARRANT OFFICER OF THE ARMY, IS NOT IN FACT DEPENDENT UPON HER FOR HIS CHIEF SUPPORT, AND, THEREFORE, CAPTAIN TURTON CANNOT CLAIM HIM AS A DEPENDENT. HOWEVER, NO REASON IS PERCEIVED WHY CAPTAIN TURTON MAY NOT CLAIM A PARENT (MOTHER) AS A DEPENDENT.

IT APPEARS FROM CAPTAIN TURTON'S CERTIFICATE OF DEPENDENCY DATED JANUARY 31, 1949, THAT THE MOTHER WAS IN FACT DEPENDENT ON THE OFFICER FOR CHIEF SUPPORT DURING THE PERIOD FROM JANUARY 17 TO 31, 1949. ACCORDINGLY, PAYMENT OF ALLOWANCE TO CAPTAIN TURTON, AS FOR AN OFFICER WITH DEPENDENTS (MOTHER), FOR THE PERIOD FROM JANUARY 17 TO 31, 1949, MAY BE MADE ON THE VOUCHER, RETURNED HEREWITH, IF OTHERWISE CORRECT.

THIS DECISION, OR A COPY THEREOF, SHOULD BE ATTACHED TO THE VOUCHER ON WHICH PAYMENT IS MADE.