B-143927, OCT. 3, 1960

B-143927: Oct 3, 1960

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IT APPEARS FROM THE ENCLOSURES OF YOUR LETTER THAT THE CHILD WAS BORN FEBRUARY 28. THAT HER MOTHER IS THE WIFE OF THE OFFICER. THAT THE MOTHER WAS NOT MARRIED PRIOR TO HER MARRIAGE TO THE OFFICER ON JULY 15. OF SUCH MEMBER WHO ARE INCAPABLE OF SELF-SUPPORT BECAUSE OF BEING MENTALLY DEFECTIVE OR PHYSICALLY INCAPACITATED. WHO ARE IN FACT DEPENDENT ON SUCH MEMBER FOR OVER HALF OF HIS OR HER SUPPORT: PROVIDED. THAT THE TERM "CHILDREN" SHALL BE HELD TO INCLUDE STEPCHILDREN AND ADOPTED CHILDREN WHEN SUCH STEPCHILDREN OR ADOPTED CHILDREN ARE IN FACT DEPENDENT UPON SUCH MEMBER. THE DEFINITION OF "CHILDREN" AS CONTAINED IN THE QUOTED SECTION 102 (G) IS EXPRESSLY LIMITED TO THE MEMBER'S LEGITIMATE CHILDREN.

B-143927, OCT. 3, 1960

TO MR. T. C. CRABE, USCG, AUTHORIZED CERTIFYING OFFICER, HEADQUARTERS, UNITED STATES COAST UARD:

BY FIRST ENDORSEMENT DATED AUGUST 29, 1960, THE COMMANDANT, UNITED STATES COAST GUARD, FORWARDED YOUR LETTER OF THE SAME DATE, WITH ENCLOSURES, REQUESTING DECISION AS TO THE ENTITLEMENT OF ENSIGN ROBERT E. DILLER (6421), USCG, TO TRAVEL AND TEMPORARY LODGING ALLOWANCE ON ACCOUNT OF A DEPENDENT UNMARRIED MINOR CHILD, LINDA LU HENSON, UNDER THE PROVISION OF SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, AS AMENDED, AND THE JOINT TRAVEL REGULATIONS.

IT APPEARS FROM THE ENCLOSURES OF YOUR LETTER THAT THE CHILD WAS BORN FEBRUARY 28, 1951; THAT HER MOTHER IS THE WIFE OF THE OFFICER; AND THAT THE MOTHER WAS NOT MARRIED PRIOR TO HER MARRIAGE TO THE OFFICER ON JULY 15, 1956.

SECTION 102 (G) OF THE CAREER COMPENSATION ACT OF 1949, 804, 805, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

"THE TERM "DEPENDENT" SHALL INCLUDE AT ALL TIMES AND IN ALL PLACES THE LAWFUL WIFE AND UNMARRIED LEGITIMATE CHILDREN, UNDER TWENTY-ONE YEARS OF AGE, OF ANY MEMBER OF THE UNIFORMED SERVICES, EXCEPT AS HEREINAFTER LIMITED IN THIS SUBSECTION. * * * IT SHALL ALSO INCLUDE UNMARRIED LEGITIMATE CHILDREN, OVER TWENTY-ONE YEARS OF AGE, OF SUCH MEMBER WHO ARE INCAPABLE OF SELF-SUPPORT BECAUSE OF BEING MENTALLY DEFECTIVE OR PHYSICALLY INCAPACITATED, AND WHO ARE IN FACT DEPENDENT ON SUCH MEMBER FOR OVER HALF OF HIS OR HER SUPPORT: PROVIDED, THAT THE TERM "CHILDREN" SHALL BE HELD TO INCLUDE STEPCHILDREN AND ADOPTED CHILDREN WHEN SUCH STEPCHILDREN OR ADOPTED CHILDREN ARE IN FACT DEPENDENT UPON SUCH MEMBER.

THUS, THE DEFINITION OF "CHILDREN" AS CONTAINED IN THE QUOTED SECTION 102 (G) IS EXPRESSLY LIMITED TO THE MEMBER'S LEGITIMATE CHILDREN. SEE, ALSO, SENATE REPORT NO. 733, ON H.R. 5007, WHICH BECAME THE CAREER COMPENSATION ACT OF 1949, IN WHICH REPORT IT WAS STATED WITH RESPECT TO SECTION 102 (G) AS FOLLOWS:

"THIS SUBSECTION DOES NOT ALTER THE CATEGORIES OF PERSONS QUALIFYING UNDER THE TERM THEREIN DEFINED. AS REGARDS ILLEGITIMATE CHILDREN, THEY ACQUIRE STATUS AS DEPENDENTS UNDER THE MEANING OF THIS SUBSECTION ONLY WHEN LEGALLY ADOPTED.'

THUS, THE CONCLUSION IS REQUIRED THAT THE DEFINITION DOES NOT INCLUDE ILLEGITIMATE CHILDREN OF THE MEMBER'S SPOUSE.

ACCORDINGLY, IT IS NOT CONSIDERED THAT THE OFFICER HAS A DEPENDENT MINOR CHILD, LINDA LU HENSON, FOR THE PURPOSES OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, AND THE JOINT TRAVEL REGULATIONS.

THE ENCLOSURES RECEIVED WITH YOUR LETTER ARE RETAINED IN THIS OFFICE.