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B-168161 1 (1973-11-16)

handle is hein.gao/gaobaaduq0001 and id is 1 raw text is:                                9
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   fl .               COMTROoUxR GENERAL. OF THE UNITED STATES
   -                            WASHINITO., DCI f2145


: ..... B-. VEOlJ                        Uovmber 16, 197.


      Mr, D. usreLle Hadle'y
      219 Qcoraetown RosA
      Weston, Conneticut 06880

      Par Wreo- cdley:
          'eferenco e I pM.to y=  I tter 0aea September 12p 1973 -whereJn
       You ase r2 1arliustn aflowan4J/for the period Auawzt 1960 to December
       ).968 when you a~ro a teacher at-a-United StAtes Arw  Oyeraeas Dependents
       School in leldelbcrg, Germany. This matter w ie the subject of our deci.-
       alone i-.f163161, June 19, 197Of and 3-169161, I.t.y 14p 1971p addresed to
       r. Cecil Driver of the Overseas Education Associntionp Inco. ani a , Tt-
       ter of June 12, 1972, addressae to Mrs. Cynthia 1=1 of the Hartford
       Times.
           'ou contend that the denial of you claim wa baaed upon dicri-
      nation against mtrfled women and, in effect, asi sue to reconsider our
      provioua deciuiona in UAaht of the United States Sxprerr Court decision
      in Frontiero y, tichardson, 1Wu U.S. 677 (193). In that case, the
      BSureza Court ruled that the different treatnnt corded male ad
      fcaal e wmbors of tho Aimed Servlcos with regard to tle a3ziming of a
      member s spouse as a depewdent for the purpose of obtaining inoreancd
      quarters ollovacnae va in volation of the Constitution.
           W statvd in our letter datcd JWe 19p 1970, that the aflovance of
       vur  W x for the period of Aumuvt 1960 to Ocober 13, 1963, would be
       procluded under section 13.11 of the 8tandwxdized fleglations (Govern-
       14nt Ctytn, Foreign Areo), since your hucbcnd lBw plshyiczly and n-no
       tally capable of soit-suport. We l o stated that on the baie of what
       We. Driver jOf-d u s your ClJiI for a housing e.Uo wa co from Ooto-
       ber  , 1953, to Jaceber 7, 1958, 'prasPr l31 erroneowsly denied under
       seati.on 031.13 of'the Standerdlzed Reulations9 wince it appeared that
       yoU provided 5& percent of the faily upport. e rofenred the matter
       to the Departntnt of the Army in light of our v.vwa remrding section
       031.13. Howeverj, the Arm reported that your el tim for the ntire
       period you were stationed In Gurmwy was for disflowee uder 'ection
*     031.12 of tht Standardized Regu ation. Terefore, in oui: deciion of
      May 141971, your olaim for a housing afoiranLe froi October 13, 1953,
      to ecember 7, 1968, was disaea under section 031.32 ihitch provided
      during the period in questiont
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