B-144169, OCT. 21, 1960

B-144169: Oct 21, 1960

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DEPENDENT" AS INCLUDING STEPCHILDREN WHEN THEY ARE IN FACT DEPENDENT ON THE SERVICE MEMBER. IS IN FACT DEPENDENT ON HIM. PAYMENT TO LIEUTENANT GAILEY OF TRAVEL AND COST OF LIVING ALLOWANCES MADE ON THE BASIS OF THE DEPENDENCY OF THE STEPSON WILL BE PASSED TO CREDIT. SO LONG AS THERE IS NO MATERIAL CHANGE IN THE DEPENDENCY STATUS OF THE CHILD. THE PAPERS SUBMITTED WITH YOUR LETTER ARE RETURNED. SHOULD BE INCLUDED IN THE ACCOUNT WHEREIN CREDIT UNDER THIS DECISION IS FIRST CLAIMED.

B-144169, OCT. 21, 1960

TO MR. F. E. LAMBERT, USCG, AUTHORIZED CERTIFYING OFFICER, HEADQUARTERS, UNITED STATES COAST GUARD:

BY FIRST ENDORSEMENT DATED OCTOBER 4, 1960, THE COMMANDANT, HEADQUARTERS, UNITED STATES COAST GUARD, FORWARDED YOUR LETTER OF THE SAME DATE, WITH ENCLOSURES, REQUESTING DECISION AS TO THE DEPENDENCY STATUS OF THE MINOR STEPSON OF LIEUTENANT (JG) CHARLES F. GAILEY, JR. (5884), USCG, FOR PURPOSES OF THE OFFICER'S PRESENT ENTITLEMENT TO TRAVEL AND COST OF LIVING ALLOWANCES.

SECTION 102 (G) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 804, DEFINES THE TERM ,DEPENDENT" AS INCLUDING STEPCHILDREN WHEN THEY ARE IN FACT DEPENDENT ON THE SERVICE MEMBER. IT APPEARS FROM THE EVIDENCE SUBMITTED THAT THE OFFICER'S STEPSON, JOHN E. (BLACK) GAILEY, IS IN FACT DEPENDENT ON HIM. ACCORDINGLY, PAYMENT TO LIEUTENANT GAILEY OF TRAVEL AND COST OF LIVING ALLOWANCES MADE ON THE BASIS OF THE DEPENDENCY OF THE STEPSON WILL BE PASSED TO CREDIT, IF OTHERWISE PROPERLY PAYABLE, SO LONG AS THERE IS NO MATERIAL CHANGE IN THE DEPENDENCY STATUS OF THE CHILD.

THE PAPERS SUBMITTED WITH YOUR LETTER ARE RETURNED.

THIS DECISION, OR A COPY, SHOULD BE INCLUDED IN THE ACCOUNT WHEREIN CREDIT UNDER THIS DECISION IS FIRST CLAIMED.

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