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B-168161 1 (1973-11-16)

handle is hein.gao/gaobadzdn0001 and id is 1 raw text is: 
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                       COMrTROLLER GENERAL OF THE UNITED STATES
                                 WASHINITO,, D.C. 014a


   '   DSM8161                            )!ovmber 16, 1973
   e5

       Mrs, D. Rusrelle fHaley'*
       219 GeorGetown RoaA
       Weston, Connecticut  06880
       Dar  KWre Bedley:
           Reference  Is pae. to your 1 tter dated September 22, 1973, wherein
       you ags rU2 1    oir using allowanc4Jfor the period August 1%0 to December
       1.968 when you are a teacher at a United StAtes ArMy Overseas Dependents
       School in Hfeldelberg, Germany. This atter wixe the subject of our deci.-
  S    alone if-168161, June 19, 197Of and 3-169161, lIMay 14, 1971, addressed to
       Mr. Cecil Driver of the Overseas Education Association, Inc., anid a. tt-
       ter of June 12, 1972, addressed to Mrs. Cynthia Kalmwn of the Hartford
       Times.
            You contend that the denial of your claim was based upon discrimi.
       nation against marrled women and, in effect, ashi ue to reconsider our
       provious dcoiions in Uiaht of the United States Sxpreme Court decision
       in Frontiero v. Richardson, 11 U.S. 677 (1973). In that case, the
       Supremae Court ruled that the different treatment accorded male and
       fcale  membors of tho Armed Servicos with regard to the claiming of a
       member's spouse as a depeadent for the purpose of obtaining increnced
       quarters aollovance va in violation of the Constitution.

            We statvd in our letter datild June 19, 1970, that the aflovance of
       vur  oWt   for the period of Aumust 1960 to October 13, 1963, would be
       procluded under setion 13411  of the 8tandardized fregulations (Governs
       Isont Ctyitan, Foreign Areso), since your hucbarn wasl physically and non
       tally capable of solf-support. We also stated that on the baie of what
       Mr. Driver infOMQd us1 your claiI for a housing ellowace from Octo-
 *     ber 1)A 1953, to December 7, 1958, was ProlyU1 stroneowsly denied under
       section 031.13 of'the Standerdized Retulations9 wince it appeared that
       you provided 5& percent of the faily support. e  roferxed the matter
       to the Departatnt of the Army in light of our vviwa regarding section
*      031.13.  However, the Arn reported that your eltaim for the entire
       period you were stationed In Germany was for dinallownc under L'ection
 *     031.12 of the Standardized Regulations. Therefore, in our' deciion of
       May 11, 1971, your claim for a housing aloerance froi October 13, 1953,
       to Decembser 7, 198, was disallowea under section 031.32 ihich provided
       during the period in question:


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