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B-198749 1 (1980-06-10)

handle is hein.gao/gaobabjeh0001 and id is 1 raw text is: I. I I k


CQMPTROI.U!R GENERAL OF THE UNITLO SVATES
        WASIIINGTON. nC. ZCJiI

                           IN RTEY
                           KWEKR TD:


I;


B- 1967 4-3


June lo, 1980


The Honorable
United States
Post Office Dr
Raleigh, North


Jesse Helms
Senator
we r  Z3125    nct ink ,flbl, to
iCarolina  27611pftel'                        -


Dear Senator Helms:


     This is in response to your letter of May 2, 1980,
regarding tne nasic allowance for quarters (3AQ) oeiny
drawn by single militarymembers for the support of
their illegitimate dependent children.


     Pursuantto 37 u.S.C. S 4
entitled to basic pa-.y is adlso
the member is not assigned to
adequate for himself and his o
title 37, United States Coe, i
ent as used in section 403 to


en   ledt
Government
dependents
defines a
include--


a .-ervice mem er
o nnthly O*% it
quarters
;, Section ,i01 of
member's depend-


     his unmarried chid (including any)f
the following, accteqorie,, of children if sucrI
child is in fact dependent on the member :,
a stepchild; an adopted child; or,, an ille-
'itirate child whose al&e4ed.member-fathe'r
ias been  u3-cicaq   ydecroe to be the fa'her
ofo therhId o._Judiciallyodered   ,o con-
tribute to the child's su,2Qort or whose
2a entaqehas beenadmittoud-in writing-by the
member) * * *  (Emphasis added,)    ...   ,


Therefore, a member may receive'BAQ based ,on an ili'egiti-
mate child similarly to receiving it. based on a legitimate
child if the illegitimate child is, in fact, dependent on
the member.


     Entit. ement to
authorized when see
1973, 87 Stat. 146,
illegitimate cnild
Department of Defen
Services felt that


BAQ based on illegitimate children was
tion,103, PublIc Law 93-64, July 9,
amended 37 U.S.C. 5 401 to include
in the definition of a dependent. The
se and the Senate Committee on Armed
this ohange was justified citing


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