B-117371, DEC 16, 1953

B-117371, DEC 16, 1953

PRECIS-UNAVAILABLE

CAPTAIN E. H. WELLS, FC, DISBURSING OFFICER:

BY SECOND INDORSEMENT DATED OCTOBER 13, 1953, THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED TO THIS OFFICE YOUR LETTER OF SEPTEMBER 11, 1953, REQUESTING DECISION WHETHER PAYMENT IS LEGALLY AUTHORIZED ON A MILITARY PAY ORDER (DD FORM 114), DATED SEPTEMBER 3, 1953, TRANSMITTED THEREWITH, STATED IN FAVOR OF FIRST LIEUTENANT PAMELA E. ROBERTSON, L-817 087, UNITED STATES ARMY HOSPITAL, FORT SILL, OKLAHOMA, COVERING INCREASED BASIC ALLOWANCE FOR QUARTERS AS FOR AN OFFICER WITH A DEPENDENT HUSBAND, COMMENCING JUNE 27, 1953.

THERE ALSO WAS SUBMITTED WITH YOUR LETTER THE OFFICER'S DEPENDENCY CERTIFICATE (DD FORM 137-1, MODIFIED), DATED JULY 15, 1953, IN WHICH SHE CERTIFIES THAT HER HUSBAND'S ACTUAL LIVING EXPENSES AVERAGE $125 A MONTH; THAT HIS TOTAL INCOME FROM OTHER SOURCES AVERAGES $10 A MONTH; AND THAT HER CONTRIBUTIONS TOWARD HIS ACTUAL LIVING EXPENSES AVERAGE $125 A MONTH. IN EXPLAINING HER HUSBAND'S DEPENDENCY STATUS SHE STATES, IN PERTINENT PART THAT HE HAS A MEDICAL (PSYCHIATRIC) DISCHARGE FROM THE AIR FORCE AND IS DISABLED TO SOME EXTENT BY A LEG INJURY SUSTAINED IN WORLD WAR II BUT RECEIVING NO COMPENSATION FOR EITHER; THAT HE IS UNABLE TO DO HEAVY WORK, AND THAT, ALTHOUGH HE HAS ATTENDED ART SCHOOL UNDER THE "GI BILL" HE HAS BEEN UNABLE TO SECURE WORK IN THAT FIELD.

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, IN MATERIAL PART--

"*** THAT IN THE CASE OF FEMALE MEMBERS OF THE UNIFORMED SERVICES, THE TERM 'DEPENDENT' SHALL INCLUDE A HUSBAND IN ADDITION TO THOSE PERSONS OTHERWISE DEFINED AS DEPENDENTS IN THIS SUBSECTION, BUT ONLY WHEN SUCH HUSBAND, OR CHILDREN, AS DEFINED ABOVE, ARE IN FACT DEPENDENT UPON SAID FEMALE MEMBER FOR OVER HALF OF HIS OR HER SUPPORT."

IN DECISION OF FEBRUARY 16, 1953, B-113093, 32 COMP.GEN. 364, THERE WAS CONSIDERED THE CASE OF A FEMALE OFFICER CLAIMING INCREASED BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF AN ALLEGED DEPENDENT HUSBAND AND IT WAS HELD THAT TO BE REGARDED AS IN FACT DEPENDENT, AS REQUIRED BY THE APPLICABLE STATUTES, THE HUSBAND MUST, ON ACCOUNT OF MENTAL OR PHYSICAL INFIRMITY, OR FOR OTHER REASON, BE INCAPABLE OF SELF-SUPPORT, OTHER THAN THE OFFICER'S STATEMENT THAT HE HAS A PSYCHOPATHIC CONDITION AND A LEG INJURY. SUCH UNSUPPORTED PRESENTATION MAY NOT BE ACCEPTED AS PROOF OF THE REPRESENTATIONS MADE. ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, IT MAY NOT BE CONSIDERED THAT THE OFFICER HAS A DEPENDENT HUSBAND, AND YOU ARE NOT AUTHORIZED TO MAKE PAYMENT ON THE MILITARY PAY ORDER WHICH, TOGETHER WITH THE OTHER PAPERS SUBMITTED WITH YOUR LETTER, WILL BE RETAINED IN THIS OFFICE.