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B-150929 1 (1973-05-21)

handle is hein.gao/gaobaadpg0001 and id is 1 raw text is: *,COMrTROLLXt GENERAL OF THE UNITED STATES WAStINGTON, DC; 5M2 &_150929 May 21, 1973 Chaplain (Colonel) Emett L. Wlh, USA (et,) 2059 luntington Avenue Alzandria, Virginia 22303 Dear Chaplain Walsh: Further reference Ls mad. to your letter dated February 25, 1973, requesting reconsideration of the settlenent dated January 23, 1973.of our Transportation and Clain Dir1sion which disalloved yourfclaim for basic allowance for quartersJ on behalf of your sister, Glady'Mo. Walsh, whom you have adopted, for the teasons stated. You say in your letter that in the spring of 1970 while you nure stationed at Fort Leavemtorth, Kauas, your sister, who bad resided with you since Septumber 1968, went to McAllen, Texas, for a vislt. While there you say she was hospitalized and has not repided with you since that time. On November 30, 197a, you filed an application for 116. basic allowance for quarters as a metar with a dependent, effective September 2, 1970, lUting your alder sisters born in 1900, as your dependent. You indicated that by decreau of the District Courts, Uidclgo County, Texas, dated September 2 ras. September 16, 1970, you adopted your sister. The application was returned by the Department of the Army with the sthtenent that you were not entitled to basic allowance for quarters for a depeudent si rtr, citing a decision of the Comptroller General, B-l50929, dated ApriA. 11, 1963 (42 Comp. Goa. 578). You subsequently filed a claim with this Office which wan' disalloed by settlement dated January 23, 1973, also citing our prior decision B-150929 of April 11, 1963. You now contend that the cited decision cannot be rationalized in view of 37 U.3. Code 401 and also that your cane is not the same an the cited decision. Section 401 of title 37, U.S. Code, defines the term dependent vitb-cspmct to a umebr of a uniforned service for purposes of entitle- aent to allowances, A sister is not include6 in the term. Clause (2) provide, however, that such term includes, . [ y.

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