B-128935, NOV. 5, 1956
Highlights
HARRIS: REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 29. THERE WERE SET FORTH FULLY THE REASONS WHY YOUR CLAIM MAY NOT BE ALLOWED. IN YOUR PRESENT LETTER YOU EXPRESS THE OPINION THAT DURING THE PERIOD INVOLVED YOU AND YOUR MOTHER WERE MEMBERS OF THE SAME "HOUSEHOLD" SINCE BOTH OF YOU WERE LEGAL RESIDENTS OF THE STATE OF NEW YORK. THERE WAS CONSIDERED THE DEFINITION OF THE TERM . HOUSEHOLD" AS IT IS USED IN SECTION 102 (G) OF THE CAREER COMPENSATION ACT OF 1949 DEFINING THE TERM "DEPENDENT.'. IT WILL BE SEEN FROM THAT DECISION THAT THE STATE OF WHICH A MEMBER IS A LEGAL RESIDENT IS NOT HIS "HOUSEHOLD. SHE MAY NOT BE CONSIDERED TO HAVE BEEN A DEPENDENT PARENT FOR QUARTERS ALLOWANCE PURPOSES DURING THE PERIOD COVERED BY YOUR CLAIM.
B-128935, NOV. 5, 1956
TO MR. RAYMOND K. HARRIS:
REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 29, 1956, FURTHER CONCERNING YOUR CLAIM FOR BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF A DEPENDENT MOTHER FOR THE PERIOD JANUARY 1 TO JULY 31, 1950, INCIDENT TO YOUR SERVICE IN THE UNITED STATES AIR FORCE. IN OUR DECISIONS OF SEPTEMBER 25, 1956, B-128935, TO YOU, AND OF DECEMBER 19, 1949, B 90278, 29 COMP. GEN. 280, A COPY OF THE LATTER DECISION BEING ENCLOSED WITH THE DECISION OF SEPTEMBER 25, 1956, THERE WERE SET FORTH FULLY THE REASONS WHY YOUR CLAIM MAY NOT BE ALLOWED.
IN YOUR PRESENT LETTER YOU EXPRESS THE OPINION THAT DURING THE PERIOD INVOLVED YOU AND YOUR MOTHER WERE MEMBERS OF THE SAME "HOUSEHOLD" SINCE BOTH OF YOU WERE LEGAL RESIDENTS OF THE STATE OF NEW YORK. IN THE DECISION OF DECEMBER 19, 1949, THERE WAS CONSIDERED THE DEFINITION OF THE TERM ,HOUSEHOLD" AS IT IS USED IN SECTION 102 (G) OF THE CAREER COMPENSATION ACT OF 1949 DEFINING THE TERM "DEPENDENT.' IT WILL BE SEEN FROM THAT DECISION THAT THE STATE OF WHICH A MEMBER IS A LEGAL RESIDENT IS NOT HIS "HOUSEHOLD," AND THAT SINCE YOUR MOTHER DID NOT RESIDE WITH YOU IN LIVING QUARTERS MAINTAINED BY YOU AT OR NEAR YOUR STATION, SHE MAY NOT BE CONSIDERED TO HAVE BEEN A DEPENDENT PARENT FOR QUARTERS ALLOWANCE PURPOSES DURING THE PERIOD COVERED BY YOUR CLAIM. YOUR LETTER OF SEPTEMBER 29, 1956, CONTAINS NO NEW OR MATERIAL EVIDENCE NOT HERETOFORE CONSIDERED BY OUR OFFICE IN CONNECTION WITH YOUR CLAIM. ACCORDINGLY, THERE IS NO BASIS FOR OTHER OR DIFFERENT ACTION THAN THAT PREVIOUSLY TAKEN BY US. ..END :