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B-172015 1 (1972-10-02)

handle is hein.gao/gaobadtoq0001 and id is 1 raw text is: 
1


             *   COMPTROLLIER.GENERAL OF THE UNITD S TAES-
                           WASHINGTON. 04.' 205485



 -l72o1           .OCT 2                           197




 Dear rs,.

     We again refez to your letter dated August 18:, 1972*, f rwading copies
of correspondence pertaining to a claim. submtted .b1 February 22, 1972,
by Captain                       Army Nurse Corps, U,*. S, ArmyI to-the
Finance Officer,  ort Sheridaf,. llnoi-, .for basI6 allowance for quarters
at the with .4peudents rate on aceount of a dependent husband, and
refsrrlng. to her 'etter .of -Uy. 1- /2 1X9 72, to the comptroller General
of the United States, in which she has a:eaed her.cma ., to include pay-
ment of every. entitlement hichshe believes is .ilng denied by our
decision of Februtary 16, '1953, B-113093, 32 Cop. -Gen. 364.

     You Say that *. Unefits to fomle. .e bers of the .iio.. ed services
have been diexdd .becaUe o.f -a distriminatery  Line-the above-ited
deciaion--which-hag not beea toarzected,.. ou further, say that by r.ceat
legislation the Corigress has clearly indicAted its'intent to abolish auch
discrimination and -you uge ..that our 1-453 decision be revewed and
reversed,

     In her letter of July 21, 1972, CaPta.ii           says that she
has been denied, a. basic. alloVance for -quarters at the. with dependents'
rate because of Department of -Defense 'regju.lations which were based. o
our holding in the above decision. - Also, i viev of certain provisions
of law which .were .enacted subsequent to-the decisido. she questions the
propriety of the holdii.s in our decision... Additionally., she presemted
UMerouB legal argt'ents in:.Support -of her contention-that the decision
should no longer be recognized, as. a baT to tha  payment of the increased
basic allewance, for q-aitets :to female  embers of the uniformed services,

     In our letter o4 today to Captan                 y enclosed), we
advised her that' by our desiston. of Juy 3. 1972, 8-161261, 52 Comp.
Gen.       to the Secretary Of' Defense (o7py aso.'encloesed), which.was
mentioned. in ou. letter of September 1,.1972, to you...w reconsidered
our decision in 32. COmp, (;eu. 34, and :concluded that. effective that
date (July: 3,- 1972). a .fe a au ber o. th, ionO d sovices, .vay be
considered as .havl* a depend..t husband ;ithin the megninAg of the
governing -ptatute, -37 U.8.C. 401, ii40':   'there iS sufficient. evidence to
establish his dependence on hat for over one-half.. of his support with-
out regard to his zental or physical. capability to s8pport himself,

     We furtlier advised herp however,.'that for the reasons cited -in
the decision 6f Jly 3, 1972, there is no authoity.., the -law to


             kc.-                                                                     '

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