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B-203601 1 (1981-07-27)

handle is hein.gao/gaobabkcz0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON D.C. 20548 B-203601 July 27, 1981 The Honorable John W. Warner United States Senate Dear Senator Warner: Further reference is made to your letter of May 27, 1981, with enclosures, asking us to review the Department of the Navy's decision not to issue a dependent's identification card for Noemi Baldwin, as wife of Lieutenant Commander Merritt W. Baldwin, Jr., U.S. Navy, Retired. The Navy's decision was based upon the circumstances surrounding Commander Baldwin's divorce from Evelyn Baldwin which was obtained on February 25, 1974, in the Court of First Instance, Santo Domingo, Dominican Republic. The Navy has stated that its determination was guided by our decisions which conclude that a divorce decree obtained in a foreign country by United States citizens not domiciled in that country will not be given effect unless affirmed by a United States court of competent jurisdiction. The Navy decision, was based on the conclusion that neither party to the divorce proceedings was domiciled in the Dominican Republic. This is further evidenced by a translation of the divorce decree which states that both parties were domiciled in the State of Maryland. As a result, both the member's divorce and his subsequent marriage are subject to challenge, and it was for this reason that an identification card was not issued to Noemi Baldwin. The issuance of the Uniformed Services Identification and Privilege Card, however, is a matter primarily within the jurisdiction of the service concerned. In the case of dependents of retired members, it is apparently used primarily to gain access to military medical services and commissaries. See DOD Instruction No. 1000.13, July 16, 1976. As to deter- mining dependency for medical benefits, 10 U.S.C. 1072 (1976), defines dependent to include a member's wife. Under 10 U.S.C. 1084 (1976), a determination of dependency for medical care purposes by the Secretary of Defense is conclusive and may not be reviewed by a court or our Office in the absence of fraud or gross negligence. Authorization to use commissaries and other similar nonappropriated fund facilities is controlled by the services under regulation. It appears, however, that the Navy follows our decisions which involve monetary entitl - ments in determining the validity of foreign divorces. /. i i11s7 C-, / I '-I '/7

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