B-128935, SEP. 25, 1956

B-128935, SEP. 25, 1956

TO MR. RAYMOND K. HARRIS:

REFERENCE IS MADE TO YOUR LETTER DATED MARCH 17, 1956, FORWARDED TO OUR OFFICE BY AFFC FORM 610-13, DATED MAY 31, 1955 (1956), BY THE DEPARTMENT OF THE AIR FORCE CONCERNING YOUR CLAIM FOR BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF A DEPENDENT MOTHER FOR THE PERIOD JANUARY 1 TO JULY 30, 1950, INCIDENT TO YOUR SERVICE IN THE UNITED STATES AIR FORCE.

BY SETTLEMENT DATED JULY 5, 1951, OF OUR CLAIMS DIVISION, YOU WERE ADVISED THAT SINCE DURING THE PERIOD OF YOUR CLAIM YOUR MOTHER DID NOT ACTUALLY RESIDE WITH YOU, BUT RATHER, EXCEPT FOR A SHORT PERIOD OF HOSPITALIZATION, SHE RESIDED WITH YOUR SISTER, THERE WAS NO AUTHORITY FOR THE ALLOWANCE OF SUCH CLAIM. IN THE LETTER OF MARCH 17, 1956, YOU SAY THAT DURING THE PERIOD INVOLVED IT WAS IMPOSSIBLE FOR YOUR MOTHER TO RESIDE WITH YOU SINCE YOU WERE HOSPITALIZED. YOU URGE YOUR CLAIM BE ALLOWED ON THE BASIS THAT YOU PAID HER RENT AND DOCTOR BILLS.

IN OUR DECISION OF DECEMBER 19, 1949, B-90278, 29 COMP. GEN. 280, COPY ENCLOSED, IT WAS POINTED OUT THAT THE INCREASED BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF A DEPENDENT PARENT IS NOT PAYABLE PRIMARILY ON ACCOUNT OF THE DEPENDENCY OF THE PARENT, BUT IS TO PROVIDE A MEMBER WITH AN ALLOWANCE WHERE NECESSARY TO OBTAIN QUARTERS FOR HIMSELF AND HIS DEPENDENT AT OR NEAR HIS PERMANENT STATION IN CASE THE GOVERNMENT IS NOT ABLE TO FURNISH HIM WITH FAMILY QUARTERS AT SUCH STATION. IN YOUR CASE, IT APPEARS THAT DURING THE PERIOD INVOLVED YOU DID NOT PROVIDE QUARTERS FOR YOUR ALLEGED DEPENDENT MOTHER, SINCE IN A PRIOR LETTER YOU STATED THAT, EXCEPT FOR A SHORT PERIOD WHILE SHE WAS HOSPITALIZED SHE RESIDED WITH YOUR SISTER. THEREFORE, PAYMENT TO YOU OF AN INCREASED BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF A DEPENDENT MOTHER UNDER SECTION 302 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 812, IS NOT AUTHORIZED, IT NOT BEING ESTABLISHED THAT YOUR MOTHER ACTUALLY RESIDED IN YOUR HOUSEHOLD AS REQUIRED BY SECTION 102 (G) OF THAT ACT TO CONSTITUTE YOUR MOTHER A "DEPENDENT" FOR SUCH PURPOSES.

RESPECTING YOUR CONTENTION THAT YOU SHOULD NOT BE DENIED THE ALLOWANCE FOR THE PERIOD INVOLVED SINCE YOUR MOTHER WAS NOT ABLE TO RESIDE WITH YOU BECAUSE SHE WAS UNDER A DOCTOR'S CARE, YOUR ATTENTION IS INVITED TO THE ANSWER TO THE SIXTH AND SEVENTH QUESTIONS CONSIDERED IN THE ENCLOSED COPY OF OUR DECISION. IT WILL BE NOTED THAT IT WAS CONCLUDED THAT IF A MEMBER'S DEPENDENT PARENT WAS TEMPORARILY ABSENT FROM HIS HOUSEHOLD FOR A PERIOD NOT TO EXCEED THREE MONTHS AT ANY ONE TIME, HE MIGHT BE CREDITED WITH A QUARTERS ALLOWANCE FOR SUCH PERIOD OF ABSENCE AFTER THE RETURN OF THE PARENT TO HIS HOUSEHOLD, PROVIDED THE PARENT WAS RESIDING IN HIS HOUSEHOLD UP TO THE BEGINNING OF SUCH PERIOD OF ABSENCE AND PROVIDED THAT THE MEMBER CONTINUED TO MAINTAIN A HOUSEHOLD FOR HIMSELF AND THE PARENT AT HIS STATION DURING SUCH PERIOD OF ABSENCE. THE RECORD BEFORE US DOES NOT SHOW THAT ANY OF THOSE CONDITIONS WERE MET IN YOUR CASE. ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.

THE MATTER OF YOUR ENTITLEMENT TO ADDITIONAL FOREIGN SERVICE PAY FOR THE PERIOD OCTOBER 1 TO NOVEMBER 11, 1949, AND FOR BASIC ALLOWANCE FOR QUARTERS FOR 60 DAYS' ACCRUED LEAVE AT THE TIME OF YOUR RETIREMENT ON JULY 31, 1950, REFERRED TO IN THE AFFC FORM 610-13, WILL BE THE SUBJECT OF A FURTHER COMMUNICATION FROM OUR CLAIMS DIVISION.