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B-172015 1 (1972-10-02)

handle is hein.gao/gaobadtpn0001 and id is 1 raw text is: 

EOMPTRLLER                                 G--T
                 COMPTROIER. GENERAL OF THE UNITED STA
                            WASHINGTON, D.C. 20  ..


 3-172015                                   OCT 2   1972




 Captain

 Triplet Army Medical Center                           -
 Apo San Francisco  96438

 Dear Captain

     This refers to your letter dated July 21, 1972, wit-h enclosures,
 requesting thatwe ..recousider/our decision of Febr1.r 16, 1953,
 B-113093, 32 Comp. Gen. 364,Vwhich you say is the-basic, authority on
 which the Army has declined to pay you the basic• .llowance for quarters
 at the with dependents. rate on accouat of a dependent husband, 'We are
 also in receipt of a letter in your behalf from the'Honorable.
      -HouSe of :Representatives, concerning this mAttoer.

      You contend-that the interpretation in th above decision of the
 term' dependent ka defined in 37 V.S.C. 401is no longer valid because
 it is: in disagreeZ4nt with the clear language of that-statute and
 opposed to current expressions of Congressional intQnt nat women must
 receive equal pay for equal work. You also give other..reasons in support
 of that contention and you have furnished -'us with a copy of a claim which
 you had submitted on February 22, 1972, to.:the Finance Officer,. Fort
 Sheridan, Illinois. That claim contains numerous-l gal, arguments which
 you contend would serve as Justification -for that officer to no longer
 follow the holding in our decision and which represent a .legal basis
 for payment to yoU of the .basic allowance for quarters •effective Janu-
 ary 26, 1971, the-date of your marriage.'

     Attached to your Claim are .cOpies :of- (1) an affidav*it in which you
 aver that 'you have provided -over 50 .percent of the financial support of
 your husband since. January 26, 1•!97-1, -(2)a statement frm an appropriate
 oftficiae at Fort Sheridan coacerning the nonavailability of family quar-
 ters for you, and (3) laws, regulations, United States- Supreme Court
 case, e-. ,. relatinag to this mattarl.

    Also in your letter• you express .the desire to- amed ybur clair
 to include payent., of every .entitement which. yoU~ ae  ow being denied
 by reason of the aibve deqision.
    Apparently, the Army Penied your c elaim .for the: a1owance on the
 basis of paragraph 30242ZVof the. Department: of Def.ense .Military. Pay and
 Allowauces ntitlements Maal,. That paragraph provides for payment



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