B-38239, DECEMBER 3, 1943, 23 COMP. GEN. 404

B-38239, DECEMBER 3, 1943, 23 COMP. GEN. 404

RENTAL AND SUBSISTENCE ALLOWANCES - CLAIM ON ACCOUNT OF DEPENDENT MOTHER IN LIEU OF WIFE SERVING IN NAVAL FORCES THERE IS NO REQUIREMENT THAT AN OFFICER WITH DEPENDENTS OF THE SEVERAL CLASSES NAMED IN SECTION 4 OF THE PAY READJUSTMENT ACT OF 1942 (LAWFUL WIFE, UNMARRIED CHILDREN UNDER 21 YEARS OF AGE, FATHER OR MOTHER IN FACT DEPENDENT) MUST CLAIM THE INCREASED ALLOWANCES ON ACCOUNT OF HIS DEPENDENT OF THE CLASS NAMED FIRST THEREIN (WIFE), AND, THEREFORE, A NAVAL RESERVE OFFICE WHO IS NOT ENTITLED TO INCREASED RENTAL AND SUBSISTENCE ALLOWANCES ON ACCOUNT OF HIS WIFE, WHO IS SERVING IN THE NAVAL SERVICE, MAY BE CREDITED SUCH INCREASED ALLOWANCE ON ACCOUNT OF HIS DEPENDENT MOTHER.

ASSISTANT COMPTROLLER GENERAL YATES TO ENSIGN J. E. RUSSELL, U.S. NAVY, DECEMBER 3, 1943:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 8, 1943, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO CREDIT LIEUTENANT (JG) JAMES OR PUT LARSEN, USNR, WITH ALLOWANCES AS FOR AN OFFICER WITH DEPENDENTS (MOTHER).

IT IS NOTED THAT CLAIM IS MADE ON THE VOUCHER, S. AND A. FORM 201, FOR THE PERIOD COMMENCING OCTOBER 28, 1943, NO CONCLUDING DATE BEING STATED, AND THAT THE OFFICER'S CERTIFICATE OF DEPENDENCY COVERS THE PERIOD FROM JULY 1, 1943, TO NOVEMBER 1, 1943, THUS SHOWING THE MOTHER'S DEPENDENCY STATUS FOR ONLY A FEW DAYS AFTER THE COMMENCEMENT DATE OF THE CLAIM.

THE LETTER OF THE SECRETARY OF THE NAVY, L16-7 (2) ( OB) (S AND A), DATED MARCH 6, 1943, PRESCRIBED THE FORM OF CERTIFICATE TO BE USED BY OFFICERS CLAIMING ALLOWANCES ON ACCOUNT OF A DEPENDENT MOTHER OR FATHER FOR PERIODS COMMENCING ON OR AFTER MARCH 6, 1943. THE PURPOSE OF THE CERTIFICATE IS TO SHOW THAT DURING THE PERIOD FOR WHICH THE ALLOWANCES ARE CLAIMED THE MOTHER OR FATHER WAS IN FACT A DEPENDENT ON THE CLAIMING OFFICER FOR CHIEF SUPPORT AND THAT HE IN FACT CONTRIBUTED AN AMOUNT DURING SUCH PERIOD SUFFICIENT FOR THE PARENT'S CHIEF SUPPORT. THEREFORE, THE VOUCHER, S. AND A. FORM 201, SHOULD SHOW BY INCLUSIVE DATES, THE PERIOD FOR WHICH THE ALLOWANCES ARE CLAIMED AND THE OFFICER'S CERTIFICATE OF DEPENDENCY SHOULD COVER THE PERIOD OF HIS CLAIM AS STATED ON THE VOUCHER, S. AND A. FORM 201.

AMONG THE PAPERS SUBMITTED IS, ALSO, AN S. AND A. FORM 201, EXECUTED BY THE OFFICER, ON WHICH HE INDICATES THAT HE HAS A LAWFUL WIFE, ONE EDITH B. LARSEN, PHM3C, V-10. SAID FORM CONTAINS THE OFFICER'S CERTIFICATE AS FOLLOWS:

THIS IS TO CERTIFY THAT MY WIFE IS A WAVE

MARRIED AT: CHICAGO

DATE: 12 OCTOBER 1943

IT HAS BEEN HELD THAT AN OFFICER IS NOT ENTITLED TO RENTAL AND SUBSISTENCE ALLOWANCES AS FOR AN OFFICER WITH DEPENDENTS (LAWFUL WIFE) WHERE SUCH WIFE IS SERVING IN OR WITH THE MILITARY OR NAVAL SERVICE. SEE 22 COMP. GEN. 955; 23 ID. 109, AND B-36497, SEPTEMBER 24, 1943, 23 COMP. GEN. 216. ACCORDINGLY, YOUR SUBMISSION PRESENTS THE QUESTION WHETHER AN OFFICER WHO HAS A WIFE IN THE NAVAL SERVICE FOR WHOM HE MAY NOT BE CREDITED WITH INCREASED SUBSISTENCE AND RENTAL ALLOWANCES MAY BE CREDITED SUCH INCREASED ALLOWANCES AS FOR AN OFFICER WITH DEPENDENTS (MOTHER).

SECTIONS 5 AND 6 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 361, AUTHORIZE PAYMENT OF INCREASED SUBSISTENCE AND RENTAL ALLOWANCES ON ACCOUNT OF DEPENDENTS UNDER THE CIRCUMSTANCES AND CONDITIONS THEREIN SET FORTH, AND SECTION 4 OF SAID ACT DEFINES THE TERM "DEPENDENT," AS USED IN SAID ACT, AS FOLLOWS:

THE TERM "DEPENDENT" AS USED IN THE SUCCEEDING SECTIONS OF THIS ACT SHALL INCLUDE AT ALL TIMES AND IN ALL PLACES A LAWFUL WIFE AND UNMARRIED CHILDREN UNDER TWENTY-ONE YEARS OF AGE. IT SHALL ALSO INCLUDE THE FATHER OR MOTHER OF THE PERSON CONCERNED PROVIDED HE OR SHE IS IN FACT DEPENDENT ON SUCH PERSON FOR HIS OR HER CHIEF SUPPORT. * * *

I FIND NOTHING IN THE LAW TO REQUIRE THAT AN OFFICER WITH DEPENDENTS OF THE SEVERAL CLASSES NAMED IN SAID SECTION 4 MUST CLAIM THE INCREASED ALLOWANCES ON ACCOUNT OF HIS DEPENDENT OF THE CLASS NAMED FIRST THEREIN, AND, IN 22 COMP. GEN. 955, SUPRA, AT PAGE 964, IT WAS HELD:

* * * AN OFFICER OR ENLISTED MAN IS NOT DEPRIVED OF RENTAL ALLOWANCE OR QUARTERS ALLOWANCE FOR A DEPENDENT CHILD MERELY BECAUSE HIS WIFE WHILE SERVING WITH OR IN THE MILITARY OR NAVAL FORCES IS FURNISHED PUBLIC QUARTERS FOR HER PERSONAL USE NOT INTENDED TO BE OCCUPIED BY THE CHILD AND ACTUALLY NOT SO OCCUPIED. * * *

HENCE, NO REASON IS PERCEIVED WHY, IF THE MOTHER IN THE PRESENT CASE IS IN FACT DEPENDENT ON THE OFFICER FOR HER CHIEF SUPPORT, PAYMENT OF RENTAL AND SUBSISTENCE ALLOWANCES SHOULD NOT BE MADE TO HIM AS FOR AN OFFICER WITH DEPENDENTS (MOTHER).

IT APPEARS FROM THE OFFICER'S CERTIFICATE OF DEPENDENCY EXECUTED NOVEMBER 3, 1943, THAT HIS MOTHER WAS IN FACT DEPENDENT ON HIM FOR HER CHIEF SUPPORT DURING THE PERIOD OCTOBER 28, 1943, THE COMMENCEMENT DATE OF HIS CLAIM, TO NOVEMBER 1, 1943, THE CONCLUDING DATE OF HIS CERTIFICATE. ACCORDINGLY, PAYMENT OF ALLOWANCES TO LIEUTENANT LARSEN AS FOR AN OFFICER WITH DEPENDENTS (MOTHER) WILL BE PASSED TO CREDIT, IF OTHERWISE CORRECT, FOR THE PERIOD OCTOBER 28, 1943, TO NOVEMBER 1, 1943.

THE S. AND A. FORM 201, CONTAINING THE MOTHER'S NAME, IS RETURNED HEREWITH. SAID FORM SHOULD BE COMPLETED TO SHOW THE OFFICER'S NAME AND RANK AND THE CONCLUDING DATE OF HIS CLAIM AS NOVEMBER 1, 1943. THE OTHER PAPERS SUBMITTED ARE RETAINED IN THIS OFFICE.

THIS DECISION, OR A COPY THEREOF, SHOULD BE INCLUDED IN THE ACCOUNT WHEREIN CREDIT FOR PAYMENT UNDER AUTHORITY HEREOF IS CLAIMED.