B-127298, MAY 16, 1956
Highlights
THAT HER CONTRIBUTIONS TOWARD HIS ACTUAL LIVING EXPENSES ARE NOT LESS THAN $150 A MONTH. SHE CERTIFIES THAT SHE DID NOT CLAIM HIM AS A DEPENDENT ON HER FEDERAL INCOME TAX RETURN FOR THE CALENDAR YEAR 1955 BECAUSE "/HE) WAS ABLE TO DO ODD JOBS ABOUT HOME UNTIL HOSPITALIZED 23 NOV. 1955.'. THERE WAS SUBMITTED THE FOLLOWING STATEMENT DATED JANUARY 31. CLARK WAS ADMITTED WITH A DIAGNOSIS OF POSSIBLE BRONCHO-PNEUMONIA AND WAS ALSO CONSIDERED TO HAVE CONGESTIVE HEART FAILURE AT THIS TIME. HAVE BEEN UNEXPLAINED SATISFACTORILY IN SPITE OF NUMEROUS CONSULTING AUTHORITIES AND INNUMERABLE LABORATORY EVALUATIONS. HAVE CHOLELITHIASIS AS CONFIRMED BY X-RAY. ONLY WHEN THE HUSBAND IS IN FACT DEPENDENT UPON THE FEMALE MEMBER FOR OVER HALF OF HIS SUPPORT.
B-127298, MAY 16, 1956
TO MAJOR G. A. SEAMANDS, FC, DISBURSING OFFICER, DEPARTMENT OF THE ARMY:
BY SECOND INDORSEMENT DATED MARCH 13, 1956, FILE FINEM 201 CLARK, MARY DUNCAN, N-755, THE CHIEF OF FINANCE FORWARDED YOUR LETTER OF FEBRUARY 20, 1956, SUBMITTING FOR ADVANCE DECISION A MILITARY PAY ORDER (DD FORM 114), DATED FEBRUARY 20, 1956, STATED IN FAVOR OF CAPTAIN MARY DUNCAN CLARK, N- 755, ARMY NURSE CORPS, FOR INCREASED BASIC ALLOWANCE FOR QUARTERS AS FOR AN OFFICER WITH A DEPENDENT HUSBAND FOR THE PERIOD BEGINNING NOVEMBER 23, 1955.
IN THE OFFICER'S DEPENDENCY CERTIFICATE (DD FORM 137-1) DATED FEBRUARY 7, 1956, SHE CERTIFIES THAT HER HUSBAND'S ACTUAL LIVING EXPENSES AVERAGE $150 A MONTH; THAT HIS INCOME FROM ALL SOURCES, OTHER THAN HER CONTRIBUTIONS, AVERAGES $35 A MONTH, AND THAT HER CONTRIBUTIONS TOWARD HIS ACTUAL LIVING EXPENSES ARE NOT LESS THAN $150 A MONTH. IN EXPLAINING HER HUSBAND'S DEPENDENCY STATUS, SHE CERTIFIES THAT SHE DID NOT CLAIM HIM AS A DEPENDENT ON HER FEDERAL INCOME TAX RETURN FOR THE CALENDAR YEAR 1955 BECAUSE "/HE) WAS ABLE TO DO ODD JOBS ABOUT HOME UNTIL HOSPITALIZED 23 NOV. 1955.' ALSO, THERE WAS SUBMITTED THE FOLLOWING STATEMENT DATED JANUARY 31, 1956, FROM THE RESIDENT IN MEDICINE, APPROVED BY THE CHIEF OF CHEST SECTION, VETERANS ADMINISTRATION HOSPITAL, DENVER 20, COLORADO, RELATIVE TO HER HUSBAND'S PHYSICAL CONDITION:
"TO WHOM IT MAY CONCERN:
MR. CLARK WAS ADMITTED WITH A DIAGNOSIS OF POSSIBLE BRONCHO-PNEUMONIA AND WAS ALSO CONSIDERED TO HAVE CONGESTIVE HEART FAILURE AT THIS TIME. HOWEVER, EARLY IN THE HOSPITAL COURSE, THE PATIENT DEVELOPED NUMEROUS SIGNS AND SYMPTOMS WHICH, AS YET, HAVE BEEN UNEXPLAINED SATISFACTORILY IN SPITE OF NUMEROUS CONSULTING AUTHORITIES AND INNUMERABLE LABORATORY EVALUATIONS. HE DOES, HOWEVER, HAVE CHOLELITHIASIS AS CONFIRMED BY X-RAY, AND A NEUROLOGIC INVOLVEMENT OF HIS MIDDLE CERVICAL AREA WHICH HAS RESULTED IN A RIGHT HEMIPARASIS.
THE PATIENT HAS BEEN UNDERGOING HOSPITAL EVALUATION SINCE NOVEMBER 23, 1955, BUT NOTHING MORE DEFINITE CAN BE ESTABLISHED AT THIS TIME.'
SECTION 102/G) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 804, PROVIDES THAT THE TERM ,DEPENDENT" SHALL INCLUDE IN THE CASE OF FEMALE MEMBERS OF THE UNIFORMED SERVICES, A HUSBAND, BUT ONLY WHEN THE HUSBAND IS IN FACT DEPENDENT UPON THE FEMALE MEMBER FOR OVER HALF OF HIS SUPPORT. 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. 32 COMP. GEN. 364.
IT APPEARS FROM THE SUBMITTED MEDICAL STATEMENT THAT THE DISABILITIES OF THE OFFICER'S HUSBAND, OTHER THAN THE HEART CONDITION, ARE OF A TEMPORARY NATURE. AND WHILE IT IS RECOGNIZED THAT A HEART DISEASE FREQUENTLY RENDERS A PERSON INCAPABLE OF SELF-SUPPORT FOR AN EXTENDED PERIOD, IT IS NOT NECESSARILY CONSIDERED TO BE PERMANENTLY INCAPACITATING. FURTHERMORE, IT IS NOT UNDERSTOOD HOW THE HUSBAND COULD BE DEPENDENT UPON HIS OFFICER WIFE FOR OVER HALF OF HIS SUPPORT WHILE HE IS UNDERGOING TREATMENT IN A GOVERNMENT HOSPITAL WITHOUT COST.
BASED ON THE PRESENT RECORD, DEPENDENCY WITHIN THE MEANING OF THE STATUTE IS NOT ESTABLISHED AND YOU ARE NOT AUTHORIZED TO MAKE PAYMENT ON THE MILITARY PAY ORDER, WHICH, TOGETHER WITH THE ..END :