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B-199433 1 (1980-12-29)

handle is hein.gao/gaobaditr0001 and id is 1 raw text is: Al DIGEST: In evaluating a stepparent's contribution to the support of stepchildren to deter- mine if they are in fact dependent on him for the purposes of 37 U.S.C. 401(2), the costs should be based upon more than general estimates, and incremental rather than pro rata costs should be used for housing and other family costs. The 2 stepchildren of a naval officer were found not dependent upon him for purposes of overseas travel and other allowances by the Navy since they receive $856 each month in Social Security and Veterans Administration benefits. Since that sum appears adequate for the support and maintenance of two minor children, the Navy's finding will not be questioned. This action is in response to a request for an advance decision as to whether Rexel and Reginald Suba, stepchildren of Lieutenant Commander Albert G. Dick, USN, are in fact dependent upon him for purposes of overseas travel and other allowances. The reauest was submitted by the Director of the Navy Family Allowance Activity, Cleveland, Ohio, by letter dated May 27, 1980, and was forwarded through the Department of Defense Military Pay and Allowance Committee, where it was assigned Submission No. DO-N-1349. We find that Reginald and Pexel Suba are not in fact dependent upon their stepfather. Section 401(2) title 37, United States Code, and Joint Travel Regulations, Volume I, Appendix J, define the term dependent, with respect to a member of the uniformed services, to include an unmarried stepchild under the age of 21 who is in fact dependent upon the member. The record reflects that in 1976 the Director of the Navy Family Allowance Activity deter- mined that Commander Dick's stepchildren were not in fact dependent upon him since, as dependents of their deceased father, also a former Navy member, the two boys received $552.80 each month in Veterans' Administration i THE COMPTROLLER GENERAL DECISION i.OF THE UNITED STATES WASHINGTON. D.C. 20548 FILE: B-199433 DATE: December 29, 1980 MATTER OF: Lieutenant Commander Albert Dick 11404 )

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