B-134608, JAN 15, 1958
Highlights
REQUESTS DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER COVERING REIMBURSEMENT FOR TRAVEL PERFORMED BY A DEPENDENT ADOPTED MINOR CHILD OF MAJOR NORMAN W. THERE WAS ENCLOSED WITH YOUR LETTER THE OFFICER'S CERTIFICATE DATED SEPTEMBER 21. WAS ADOPTED PURSUANT TO THE LAWS OF OKLAHOMA. THAT HE CONTRIBUTED $75 A MONTH FOR THE SUPPORT OF THE CHILD WHICH WAS THE FULL COST OF SUCH SUPPORT. THERE WAS ALSO ENCLOSED A COPY OF A BIRTH CERTIFICATE ISSUED JULY 16. THE OFFICER IS NOT THE NATURAL FATHER OF THE BOY. A REVISED BIRTH CERTIFICATE SHOWING HIM AND HIS WIFE AS THE CHILD'S PARENTS COULD HAVE BEEN ISSUED PROPERLY UNDER CHAPTER 64. PAYMENT ON THE VOUCHER IS AUTHORIZED. ARE RETURNED HEREWITH.
B-134608, JAN 15, 1958
PRECIS-UNAVAILABLE
CAPTAIN J. K. SWEENEY, F.C., DISBURSING OFFICER:
THROUGH CHIEF OF FINANCE
DEPARTMENT OF THE ARMY
YOUR LETTER DATED OCTOBER 4, 1957, WITH ENCLOSURES, FORWARDED HERE BY THIRD INDORSEMENT DATED DECEMBER 3, 1957, OF THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, REQUESTS DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER COVERING REIMBURSEMENT FOR TRAVEL PERFORMED BY A DEPENDENT ADOPTED MINOR CHILD OF MAJOR NORMAN W. GOODWIN, TC, FROM OKLAHOMA CITY, OKLAHOMA, TO ENTERPRISE, ALABAMA, INCIDENT TO PERMANENT CHANGE OF STATION ORDERS DATED JUNE 19, 1957.
THERE WAS ENCLOSED WITH YOUR LETTER THE OFFICER'S CERTIFICATE DATED SEPTEMBER 21, 1957, IN WHICH HE CERTIFIES, AMONG OTHER THINGS, THAT THE CHILD, GARY, WAS ADOPTED PURSUANT TO THE LAWS OF OKLAHOMA, AND THAT HE CONTRIBUTED $75 A MONTH FOR THE SUPPORT OF THE CHILD WHICH WAS THE FULL COST OF SUCH SUPPORT. THERE WAS ALSO ENCLOSED A COPY OF A BIRTH CERTIFICATE ISSUED JULY 16, 1954, BY THE CITY CLERK OF PEABODY, MASSACHUSETTS, SHOWING THE OFFICER AND HIS WIFE AS PARENTS OF THE CHILD, BORN ON NOVEMBER 28, 1942.
A CERTIFIED COPY OF THE COURT ORDER OF ADOPTION HAS NOT BEEN FURNISHED. THE OFFICER STATES BY WAY OF EXPLANATION THAT "OKLAHOMA LAW TRIES TO PREVENT THE COURT ORDER BEING SHOWN BY INSISTING THAT THE REVISED BIRTH CERTIFICATE SHOW THE PARENTS AS NATURAL PARENTS." IF AS STATED, THE OFFICER IS NOT THE NATURAL FATHER OF THE BOY, GARY, A REVISED BIRTH CERTIFICATE SHOWING HIM AND HIS WIFE AS THE CHILD'S PARENTS COULD HAVE BEEN ISSUED PROPERLY UNDER CHAPTER 64, SECTION 13 OF THE LAWS OF MASSACHUSETTS, ONLY IN THE EVENT OF A LEGAL ADOPTION. SEE SECTION 560.9A, TITLE 63, OF THE OKLAHOMA STATUTES, 1951, WHICH ALSO APPEARS TO CONTEMPLATE THE ISSUANCE OF A NEW BIRTH CERTIFICATE SHOWING THE ADOPTING PARENTS AS THE ACTUAL PARENTS IN CASES OF ADOPTION.
THE EVIDENCE SUBMITTED MAY BE CONSIDERED AS ESTABLISHING THAT THE OFFICER HAD A DEPENDENT ADOPTED MINOR CHILD WITHIN THE DEFINITIONS OF THE TERMS "DEPENDENT" AND "CHILDREN" AS CONTAINED IN SECTION 102(G) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 231(G). ACCORDINGLY, PAYMENT ON THE VOUCHER IS AUTHORIZED, IF OTHERWISE CORRECT.
THE VOUCHER AND ATTACHED PAPERS ENCLOSED WITH YOUR LETTER, ARE RETURNED HEREWITH.