B-140458, OCT. 29, 1959

B-140458, OCT. 29, 1959

TO MR. T. C. CRABE, CHSPCK, AUTHORIZED CERTIFYING OFFICER, UNITED STATES COAST GUARD:

REFERENCE IS MADE TO YOUR LETTER OF JULY 9, 1959 (FF-2), WITH ENCLOSURES, ADDRESSED TO OUR CLAIMS DIVISION, REQUESTING THAT A DETERMINATION OF ENTITLEMENT BE MADE ON THE CLAIM OF MACH JOSEPH J. POLINSKI, 27781, U.S. COAST GUARD, FOR A BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF AN ADOPTED CHILD (HEREDIA POLINSKI) FOR THE PERIOD JUNE 17, 1958, TO MARCH 13, 1959, IN THE AMOUNT OF $760.95. YOUR LETTER WILL BE TREATED AS A REQUEST FOR AN ADVANCE DECISION.

INCLUDED IN THE PAPERS SUBMITTED IS A DECREE OF ADOPTION, DATED JUNE 12, 1952, AND AN AMENDED ORDER OF ADOPTION DATED FEBRUARY 1, 1955, ISSUED BY THE COURT OF THE DISTRICT OF PUERTO RICO, SECTION OF HUMACAO, IN THE MATTER OF THE ADOPTION OF HEREIDA POLINSKI UPON THE PETITION OF JOSEPH JOHN POLINSKI AND HIS WIFE, JOSEPHINE FIGUEROA POLINSKI. ALSO, SUBMITTED ARE THE WARRANT OFFICER'S DEPENDENCY CERTIFICATE DATED JUNE 17, 1958 (FORM 137), AND A STATEMENT EXECUTED BY JOSEPHINE FIGUEROA, THE MEMBER'S FORMER WIFE, WHICH RELATE THAT THE CHILD WAS BORN ON NOVEMBER 5, 1950, AND THAT THE CHILD NOW RESIDES WITH HER. THEY ALSO RELATE THAT WARRANT OFFICER POLINSKI CONTRIBUTES $75 PER MONTH FOR THE SUPPORT, MAINTENANCE AND EDUCATION OF THE CHILD, AND THAT AN ALLOTMENT IN THAT AMOUNT FOR HER BENEFIT WAS MADE EFFECTIVE AUGUST 1, 1958. IT IS ALSO STATED THAT THE CHILD HAS NO OTHER INCOME OR ESTATE. WARRANT OFFICER POLINSKI'S MARRIAGE TO JOSEPHINE WAS DISSOLVED BY A DIVORCE DECREE DATED MAY 16, 1958, ISSUED BY THE DISTRICT COURT OF PUERTO RICO, RUMACSO SECTION, AND IT IS STATED ON THE MEMBER'S CERTIFICATE DATED JUNE 17, 1958, THAT THE DECREE BECAME FINAL ON THE PRECEDING DAY. THE DECREE AWARDED CUSTODY OF THE CHILD TO JOSEPHINE AND WARRANT OFFICER POLINSKI WAS ORDERED TO PAY $75 PER MONTH FOR THE CHILD'S MAINTENANCE.

ON THE EVIDENCE SUBMITTED, WARRANT OFFICER POLINSKI MAY BE CONSIDERED TO HAVE A DEPENDENT (ADOPTED MINOR CHILD) WITHIN THE MEANING OF SECTION 102 (G) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 804, 37 U.S.C. 231 (G), AND PAYMENT TO HIM OF A BASIC ALLOWANCE FOR QUARTERS AS FOR A WARRANT OFFICER WITH ONE DEPENDENT (ADOPTED MINOR CHILD) IS AUTHORIZED FOR THE PERIOD JUNE 17, 1958, TO MARCH 13, 1959, THE DAY PRECEDING HIS REMARRIAGE, IN THE AMOUNT OF $760.95, IF OTHERWISE CORRECT. ALTHOUGH WARRANT OFFICER POLINSKI'S ALLOTMENT FOR HIS ADOPTED CHILD'S BENEFIT WAS NOT EFFECTIVE UNTIL AUGUST 1, 1958, IT MAY BE PRESUMED THAT HE CONTRIBUTED TO HER SUPPORT PRIOR TO THAT DATE AS REQUIRED BY THE PREVIOUSLY REFERRED-TO DECREE OF DIVORCE SINCE NOTHING TO THE CONTRARY IS INDICATED IN THE STATEMENT OF HIS FORMER WIFE. ACTION TAKEN TO RECOVER BASIC ALLOWANCE FOR QUARTERS PREVIOUSLY PAID TO WARRANT OFFICER POLINSKI FOR THE PERIOD INVOLVED SHOULD BE TERMINATED AND THE SUM SO RECOVERED SHOULD BE REFUNDED.

THE DEPENDENCY CERTIFICATE (DD FORM 137) AND SUPPORTING PAPERS ARE RETURNED. SUCH EVIDENCE, TOGETHER WITH THIS DECISION, OR A COPY, SHOULD BE INCLUDED IN THE ACCOUNT WHERE CREDIT FOR THE PAYMENTS IS CLAIMED.