B-156453, MAY 4, 1966
Highlights
DEPARTMENT OF THE ARMY: REFERENCE IS MADE TO OUR DECISION OF APRIL 27. THE OFFICER'S SECOND WIFE MAY NOT BE RECOGNIZED AS A LAWFUL WIFE FOR PURPOSES OF HIS ENTITLEMENT TO BASIC ALLOWANCE FOR QUARTERS ON HER BEHALF IN THE ABSENCE OF A FINDING BY A COURT OF COMPETENT JURISDICTION IN THE UNITED STATES THAT THE MEXICAN DIVORCE IS VALID. THE REQUEST WAS FORWARDED HERE BY FIRST INDORSEMENT DATED MARCH 31. IN WHICH IT WAS HELD THAT CAPTAIN ARTHUR B. WERE LEGALLY MARRIED ON JUNE 20. IN ACCORDANCE WITH THE LAWS OF THE STATE OF MARYLAND AND THAT THE OFFICER IS AND HAS BEEN LEGALLY AND VALIDLY MARRIED TO VERA J. SINCE WE ARE INFORMED THAT THE OFFICER HAS BEEN TRANSFERRED TO AN OVERSEAS AREA IT IS REQUESTED THAT NOTICE OF THIS DECISION BE FORWARDED TO HIS PRESENT FINANCE AND ACCOUNTING OFFICER.
B-156453, MAY 4, 1966
PRECIS-UNAVAILABLE
OFFICE OF THE CHIEF OF FINANCE HEADQUARTERS, DEPARTMENT OF THE ARMY:
REFERENCE IS MADE TO OUR DECISION OF APRIL 27, 1965, B-156453, ADDRESSED TO MAJOR J. H. MOORE, FC, FINANCE AND ACCOUNTING OFFICER, THROUGH YOUR OFFICE, IN RESPONSE TO HIS REQUEST THAT DETERMINATION OF DEPENDENCY BE MADE FOR THE WIFE OF CAPTAIN ARTHUR B. WILTSHIRE, 01936636. WE HELD THAT, IN VIEW OF THE SUBSTANTIAL DOUBT AS TO THE VALIDITY OF THE MEXICAN DIVORCE OBTAINED BY THE OFFICER'S FIRST WIFE, THE OFFICER'S SECOND WIFE MAY NOT BE RECOGNIZED AS A LAWFUL WIFE FOR PURPOSES OF HIS ENTITLEMENT TO BASIC ALLOWANCE FOR QUARTERS ON HER BEHALF IN THE ABSENCE OF A FINDING BY A COURT OF COMPETENT JURISDICTION IN THE UNITED STATES THAT THE MEXICAN DIVORCE IS VALID. THE REQUEST WAS FORWARDED HERE BY FIRST INDORSEMENT DATED MARCH 31, 1965, OF THE OFFICE OF THE CHIEF OF FINANCE UNDER D. O. NUMBER A 836 ALLOCATED BY THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE.
BY LETTER DATED APRIL 22, 1966, MR. RUBIN GERTZ, ATTORNEY AT LAW, 337 EQUITABLE BUILDING, BALTIMORE, MARYLAND 21202, FORWARDED AN AUTHENTICATED COPY OF A DECREE AND ORDER OF THE CIRCUIT COURT NO. 2 OF BALTIMORE CITY, DATED APRIL 20, 1966, COPY ENCLOSED, IN WHICH IT WAS HELD THAT CAPTAIN ARTHUR B. WILTSHIRE AND VERA J. HODDRICK, WERE LEGALLY MARRIED ON JUNE 20, 1964, IN ACCORDANCE WITH THE LAWS OF THE STATE OF MARYLAND AND THAT THE OFFICER IS AND HAS BEEN LEGALLY AND VALIDLY MARRIED TO VERA J. HODDRICK, SINCE JUNE 20, 1964. ACCORDINGLY, CAPTAIN WILTSHIRE'S CLAIM FOR BASIC ALLOWANCE FOR QUARTERS FOR HIS DEPENDENT WIFE, VERA, MAY BE ALLOWED FROM JUNE 20, 1964, IF OTHERWISE CORRECT.
SINCE WE ARE INFORMED THAT THE OFFICER HAS BEEN TRANSFERRED TO AN OVERSEAS AREA IT IS REQUESTED THAT NOTICE OF THIS DECISION BE FORWARDED TO HIS PRESENT FINANCE AND ACCOUNTING OFFICER.