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B-173325 1 (1975-07-03)

handle is hein.gao/gaobadcgc0001 and id is 1 raw text is: .1 DECISION FILE: B-173325 MATTER OF: STHE COMPTROLLER GENERAL OF THE UlNITED STATES WASHINGTON. 0. C. 2054B edtI~ DATE: JUL 31975 Susanne Donnelly - Reconsideration of claim for living quarters allowances DIGEST: Claimant accompanied her military-member spouse to post in Europe and later secured employment with Department of the Army. After claimant's husband retired from military on disability effective March 1, 1968, she earned 51 percent or more of family income. She thereby qualified for living quarters allowance under provisions for local-hire waiver pursuant to Army Headquarters policy letter of September 25, 1964, since prior DOD Instruction- 1418.1, April 17, 1961, is invalid as discriminatory under Frontiero v. Richardson, 411 U.S. 677 (1973), and she has met requirements of policy letter. The dis- allowance of claim for DOD tuition-free education for claimant's child is not affected. Prior decisions B-173325, October 8 and December 21, 1971, are modified. This is a reconsideration of our decisions, B-173325, and December 21, 1971, which sustained the disallowance of of Mrs. Susanne Donnelly, an employee of the Department of stationed in Europe, for a living quarters allowance. October 8 the claim the Army Our reconsideration is prompted by a request from the claimant and the Supreme Court decision in Frontiero v. Richardson, 411 U.S. 677 (1973). That decision struck down as unconstitutional certain portions of 37 U.S.C. §5 401 and 403 which permitted a serviceman to claim his wife as a dependent, without regard to whether she was in fact dependent on him for any financial support, but denied a servicewoman the privilege to claim her husband as a dependent unless he was in fact dependent upon her for over one-half of his support. Our prior decisions, cited above, relate the underlying facts of the claim which need not be fully repeated here. For present purposes we note that in 1966, approximately 2 years after Mrs. Donnelly accompanied her husband (a member of the Armed Forces) to Europe, she obtained civilian employment with the Department of the Army. She first applied for a living quarters allowance in 1966; she reapplied for the allowance after her husband retired on disability from military service, effective March 1, 1968, when her earnings r, 15' 11

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