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B-186091 1 (1976-08-10)

handle is hein.gao/gaobaddil0001 and id is 1 raw text is: DECISION * .. 4 I 4 NTV THE COMPTROLL.ER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-186091 MATTER OF: Ruby M. Rouss - Family Separation Allowance q g 7 01 DIGEST: Following the ruling in Frontiero v. Richardson, 411 U.S. 677 (1973), female Army member who was honorably discharged May 1, 1963, claims retroactive entitlements on account of her civilian husband from January 1953 to May 1, 1963. This claim is subject to the 10-year limitation of the act of October 9, 1940, 31 U.S.C. Sec. 71a but under the Soldiers' and Sailors' Civil Relief Act of 1940, periods of active military service are excluded in computing any period of limitations. Since the member retired on May 1, 1963, and since her claim was not presented until January 1974, it is barred. The argument that claim did not accrue to the member until the decision in Frontiero was rendered is not valid. This action is in response to a letter dated February 18, 1976, from Ruby M. Rouss, SFC, USA, Retired, requesting recon- sideration of a settlement by our Transportation and Claims Division (now Claims Division) dated November 26, 1974, which disallowed her claim for rental allowance. The record indicates that as a result of the ruling of the United States Supreme Court in the case of Frontiero v. Richardson, 411 U.S. 677 (1973), the U.S. Army Finance Support Agency in a memorandum dated December 12, 1973, advised female members and former members that they might claim entitlements equal to those afforded male members, e.g., dependency allowances without regard to in-fact dependency of their civilian husbands. In response to that memorandum, by letter dated January 25, 1974, Ms. Rouss requested basic allowance for quarters as well as station housing allowance, cost-of-living allowance, and dislocation allowances, as applicable, from January 1953 to May 1, 1963, during which time she and her husband were not furnished Government quarters. The member also indicates that she was a member of the military service from January 23, 1943, to May 1, 1963, at which time she received an honorable discharge. L. DATE: 1 01976

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