B-101876, MARCH 23, 1951, 30 COMP. GEN. 382

B-101876, MARCH 23, 1951, 30 COMP. GEN. 382

QUARTERS - BASIC ALLOWANCE - DEPENDENTS - STEPFATHER THE STEPFATHER OF AN OFFICER WHO IS IN FACT DEPENDENT UPON THE OFFICER FOR OVER HALF OF HIS SUPPORT AND WHO ACTUALLY RESIDED IN THE OFFICER'S HOUSEHOLD MAY BE CONSIDERED A DEPENDENT WITHIN THE MEANING OF THAT TERM AS USED IN SECTION 102 (G) OF THE CAREER COMPENSATION ACT OF 1949 SO AS TO AUTHORIZE THE PAYMENT OF INCREASED ALLOWANCES FOR QUARTERS TO THE OFFICER ON ACCOUNT OF HIS DEPENDENT STEPFATHER.

ASSISTANT COMPTROLLER GENERAL YATES TO R. S. HALEY, DEPARTMENT OF THE NAVY, MARCH 23, 1951:

BY LETTER DATED MARCH 6, 1951, THE CHIEF, BUREAU OF SUPPLIES AND ACCOUNTS, DEPARTMENT OF THE NAVY, FORWARDED TO THIS OFFICE YOUR LETTER OF FEBRUARY 21, 1951, WITH ENCLOSURES, REQUESTING AN ADVANCE DECISION AS TO THE ENTITLEMENT OF LIEUTENANT (JG) WARREN WARNEKE, 182, 290, USNR, TO AN INCREASED BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF A DEPENDENT STEPFATHER FOR THE PERIOD FROM JULY 20 THROUGH 31, 1950, UNDER THE CIRCUMSTANCES HEREINAFTER MENTIONED.

IT APPEARS FROM THE PAPERS ACCOMPANYING YOUR LETTER THAT BY ORDERS DATED JULY 19, 1950, FROM THE COMMANDANT, TWELFTH NAVAL DISTRICT, THE OFFICER WAS ORDERED TO REPORT TO THE MEDICAL OFFICERS, U.S. NAVAL DISPENSARY, SAN FRANCISCO, CALIFORNIA, FOR A PHYSICAL EXAMINATION FOR ACTIVE DUTY; THAT HE WAS TO BE IN THE ACTIVE DUTY STATUS FOR THE PURPOSE OF THE PHYSICAL EXAMINATION AND FOR TRAVEL NECESSARY FOR COMPLIANCE WITH THE SAID ORDERS; THAT IF FOUND PHYSICALLY QUALIFIED, HE WAS TO PROCEED AND REPORT TO THE COMMANDING OFFICER, U.S.S. CACAPON (A052) FOR DUTY ON BOARD THAT VESSEL; THAT ON JULY 20, 1950, HE DEPARTED FROM HIS HOME IN LOS ANGELES, CALIFORNIA, AND REPORTED ON BOARD THE U.S.S. CACAPON (A052) ON AUGUST 19, 1950; THAT THE STEPFATHER IS IN FACT DEPENDENT UPON THE OFFICER FOR OVER HALF OF HIS SUPPORT AND RESIDES IN A HOUSE RENTED BY THE OFFICER LOCATED AT 1263 S. WINDSOR BOULEVARD, LOS ANGELES, CALIFORNIA; THAT THE STEPFATHER AND THE OFFICER'S MOTHER SEPARATED IN THE FALL OF 1937, WITHOUT COURT ACTION, AND HAVE LIVED SEPARATE AND APART SINCE THAT TIME. IT IS UNDERSTOOD THAT ON JULY 20, 1950, THE HOME PORT OF THE U.S.S. CACAPON (A052) WAS SAN PEDRO, CALIFORNIA.

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, AND SECTION 102 (G) OF THE SAID ACT, 63 STAT. 804, DEFINES THE TERM "DEPENDENT" AS INCLUDING, INTER ALIA---

* * * THE FATHER OR MOTHER OF SUCH MEMBER, PROVIDED HE OR SHE IS IN FACT DEPENDENT ON SUCH MEMBER FOR OVER HALF OF HIS OR HER SUPPORT AND ACTUALLY RESIDES IN THE HOUSEHOLD OF SAID MEMBER. * * *

THE TERM "FATHER" OR "MOTHER" * * * SHALL INCLUDE A STEPPARENT * * * PROVIDED, THAT A STEPPARENT-STEPCHILD RELATIONSHIP SHALL BE DEEMED TO BE TERMINATED BY THE STEPPARENT'S DIVORCE FROM THE BLOOD PARENT * * *.

SINCE IT APPEARS FROM THE EVIDENCE PRESENTED THAT WHILE THE OFFICER'S STEPFATHER AND MOTHER ARE LIVING APART THERE HAS BEEN NO DIVORCE, THE FINAL RELATIONSHIP OF THE OFFICER AND HIS STEPFATHER CONTINUED TO EXIST ON JULY 20, 1950. FURTHER, SINCE LOS ANGELES, CALIFORNIA, IS APPROXIMATELY 25 MILES FROM SAN PEDRO, CALIFORNIA, THE HOME PORT OF THE OFFICER'S VESSEL --- A DISTANCE GENERALLY ACCEPTED AS BEING WITHIN COMMUTING RANGE--- IT MAY BE CONSIDERED ESTABLISHED THAT THE OFFICER ACTUALLY MAINTAINED HIS OWN HOUSEHOLD AT THAT PLACE DURING THE PERIOD INVOLVED. ACCORDINGLY, IT APPEARING FROM THE OFFICER'S DEPENDENCY CERTIFICATE THAT THE STEPFATHER ACTUALLY RESIDED IN HIS HOUSEHOLD FROM JULY 20 THROUGH 31, 1950, THE STEPFATHER WILL BE CONSIDERED A "DEPENDENT" WITHIN THE MEANING OF THAT TERM AS USED IN SECTION 102 (G) OF THE CAREER COMPENSATION ACT OF 1949, AND PAYMENT TO LIEUTENANT WARNEKE OF AN INCREASED BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF A DEPENDENT STEPFATHER WILL BE PASSED TO CREDIT FOR THAT PERIOD, PROVIDED THE ALLOWANCE IS OTHERWISE PROPERLY PAYABLE.

THE ORIGINAL OF THE OFFICER'S DEPENDENCY CERTIFICATE IS RETURNED HEREWITH, THE OTHER PAPERS SUBMITTED WITH YOUR LETTER BEING RETAINED IN THIS OFFICE.

THIS DECISION, OR A COPY THEREOF, SHOULD BE INCLUDED IN THE ACCOUNT WHEREIN CREDIT FOR PAYMENT UNDER AUTHORITY HEREOF IS CLAIMED.