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B-143212, NOV. 18, 1960

B-143212 Nov 18, 1960
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THAT SHE WAS NOT CREDITED WITH BASIC ALLOWANCE FOR QUARTERS AS A MEMBER WITHOUT DEPENDENTS DURING THE PERIOD COVERED BY THE VOUCHER. SHE CERTIFIES THAT HER HUSBAND'S MONTHLY LIVING EXPENSES ARE $175 PER MONTH. THAT THE AMOUNT OF HER CONTRIBUTION IS $175 PER MONTH. CERTIFIES AS FOLLOWS: "THIS INDIVIDUAL IS UNABLE TO CARE FOR HIMSELF AT THIS TIME BECAUSE OF A RECENT MILD STROKE. IT IS NECESSARY THAT THERE BE A RESPONSIBLE PERSON NEARBY TO CARE FOR HIM. SHE IS CURRENTLY ASSIGNED TO NURSING SERVICE OF TRIPLER U.S. THE TERM "DEPENDENT" IS DEFINED IN SECTION 102 (G) OF THE ACT. ONLY WHEN THE HUSBAND IS IN FACT DEPENDENT UPON THE FEMALE MEMBER FOR OVER HALF OF HIS SUPPORT. AS UNEXPLAINED SHOWING THAT THE HUSBAND DERIVES HIS LIVELIHOOD FROM HIS OFFICER WIFE IS NOT SUFFICIENT TO ESTABLISH HIS DEPENDENCY FOR THE PURPOSE OF PAYING INCREASED ALLOWANCES TO THE OFFICER.

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B-143212, NOV. 18, 1960

TO LIEUTENANT COLONEL H. M. THOMPSON, FC:

BY SECOND INDORSEMENT DATED JUNE 14, 1960, THE CHIEF OF FINANCE FORWARDED YOUR LETTER OF APRIL 11, 1960 (ASSIGNED D.O.NO. A-505 BY THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE), SUBMITTING FOR DECISION A MILITARY PAY ORDER (DA FORM 2139), DATED MARCH 31, 1960, IN FAVOR OF CAPTAIN ELEANOR P. WRIGHT, N 787 894, TOGETHER WITH HER APPLICATION (DD FORM 137), FOR BASIC ALLOWANCE FOR QUARTERS AS AN OFFICER WITH A DEPENDENT HUSBAND FOR THE PERIOD FEBRUARY 16 TO MARCH 31, 1960.

YOU STATE THAT THE MEMBER TERMINATED HER GOVERNMENT QUARTERS ON FEBRUARY 15, 1960, AND THAT SHE WAS NOT CREDITED WITH BASIC ALLOWANCE FOR QUARTERS AS A MEMBER WITHOUT DEPENDENTS DURING THE PERIOD COVERED BY THE VOUCHER. IN THE OFFICER'S DEPENDENCY CERTIFICATE (DD FORM 137) DATED FEBRUARY 29, 1960, SHE CERTIFIES THAT HER HUSBAND'S MONTHLY LIVING EXPENSES ARE $175 PER MONTH; THAT THE AMOUNT OF HER CONTRIBUTION IS $175 PER MONTH, AND THAT HE HAS NO OTHER INCOME. IN A STATEMENT DATED MARCH 17, 1960, CAPTAIN EARL H. CRAMER, USAF (MC), NEUROLOGY SERVICE, LETTERMAN ARMY HOSPITAL, SAN FRANCISCO, CALIFORNIA, CERTIFIES AS FOLLOWS:

"THIS INDIVIDUAL IS UNABLE TO CARE FOR HIMSELF AT THIS TIME BECAUSE OF A RECENT MILD STROKE. IT IS NECESSARY THAT THERE BE A RESPONSIBLE PERSON NEARBY TO CARE FOR HIM. ON THIS BASIS, IT WOULD SEEM REASONABLE THAT CAPTAIN WRIGHT BE RE-ASSIGNED TO THIS AREA. SHE IS CURRENTLY ASSIGNED TO NURSING SERVICE OF TRIPLER U.S. ARMY HOSPITAL.'

SECTION 302 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 812, AUTHORIZES THE PAYMENT OF AN INCREASED BASIC ALLOWANCE FOR QUARTERS TO MEMBERS OF THE UNIFORMED SERVICES ON ACCOUNT OF A DEPENDENT. THE TERM "DEPENDENT" IS DEFINED IN SECTION 102 (G) OF THE ACT, 63 STAT. 804, WHICH PROVIDES THAT IN THE CASE OF FEMALE MEMBERS OF THE UNIFORMED SERVICES, THE TERM "DEPENDENT" SHALL INCLUDE A HUSBAND, BUT ONLY WHEN THE HUSBAND IS IN FACT DEPENDENT UPON THE FEMALE MEMBER FOR OVER HALF OF HIS SUPPORT. TO BE REGARDED AS IN FACT DEPENDENT UPON HIS WIFE IN THE MILITARY SERVICE A HUSBAND MUST, ON ACCOUNT OF PHYSICAL OR MENTAL INCAPACITY OR FOR OTHER REASONS, BE INCAPABLE OF SELF-SUPPORT. AS UNEXPLAINED SHOWING THAT THE HUSBAND DERIVES HIS LIVELIHOOD FROM HIS OFFICER WIFE IS NOT SUFFICIENT TO ESTABLISH HIS DEPENDENCY FOR THE PURPOSE OF PAYING INCREASED ALLOWANCES TO THE OFFICER. SEE 32 COMP. GEN. 364; 34 ID. 21, AND PARAGRAPHS 5-34 (3) (A) AND 5-52C (1), ARMY REGULATIONS 37-104. IN DECISION OF FEBRUARY 7, 1957, B-130107, IT WAS HELD THAT WHERE THE MEMBER IS FURNISHED QUARTERS AND THE ONLY DEPENDENT IS HOSPITALIZED IN A GOVERNMENT HOSPITAL, PAYMENT OF INCREASED BASIC ALLOWANCE FOR QUARTERS BECAUSE OF A DEPENDENT IS NOT AUTHORIZED. ALSO, SEE THE ANSWER TO QUESTION ONE IN DECISION B 143501, DATED OCTOBER 18, 1960, COPY ENCLOSED.

THE MEDICAL CERTIFICATE DATED MARCH 17, 1960, DOES NOT DESCRIBE THE HUSBAND'S PHYSICAL OR MENTAL CONDITION OTHER THAN TO STATE THAT HE WAS UNABLE TO TAKE CARE OF HIMSELF AT THAT TIME BECAUSE OF A "MILD STROKE.' THE DATE OF THE STROKE IS NOT GIVEN AND NO STATEMENT IS MADE AS TO THE PROBABLE DURATION OF THE DISABILITY. WHILE IT IS RECOGNIZED THAT A MILD STROKE MAY RENDER A PERSON INCAPABLE OF SELF-SUPPORT FOR A VARIABLE PERIOD OF TIME, IT IS NOT NECESSARILY CONSIDERED TO BE PERMANENTLY INCAPACITATING OR INCAPACITATING FOR A PROLONGED PERIOD. SEE 34 COMP. GEN. 21, WITH RESPECT TO THE DEPENDENCY OF A HUSBAND WHOSE DISABILITY IS ONLY TEMPORARY.

THUS, WHILE IT APPEARS THAT THE MEMBER'S HUSBAND WAS DEPENDENT UPON HER BY REASON OF PHYSICAL INCAPACITY AT THE TIME OF EXECUTION OF THE MEDICAL CERTIFICATE OF MARCH 17, 1960, THE EVIDENCE SUBMITTED DOES NOT SHOW WHEN SUCH CONDITION COMMENCED OR WHETHER IT LASTED FOR MORE THAN A SHORT PERIOD. THEREFORE, ON THE PRESENT RECORD, DEPENDENCY FOR THE PURPOSE OF THE CLAIMED QUARTERS ALLOWANCE IS NOT ESTABLISHED FOR THE PERIOD INVOLVED AND PAYMENT IS NOT AUTHORIZED ON THE MILITARY PAY ORDER, WHICH, TOGETHER WITH THE OTHER PAPERS SUBMITTED WITH YOUR LETTER, IS BEING RETAINED HERE. HOWEVER, IF ADDITIONAL EVIDENCE SHOULD BE FURNISHED TO SHOW THAT THE HUSBAND, ON ACCOUNT OF PHYSICAL OR MENTAL INCAPACITY OR FOR OTHER REASONS, WAS INCAPABLE OF SELF-SUPPORT DURING THE PERIOD INVOLVED, TOGETHER WITH INFORMATION AS TO WHEN THE CONDITION COMMENCED AND TERMINATED OR WHETHER IT STILL EXISTS, THE MATTER WILL RECEIVE FURTHER CONSIDERATION.

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