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B-214017 1 (1984-02-23)

handle is hein.gao/gaobadloc0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OECISION OP THE UNITED STATEE WASHINGTON. O.C. 20548 FILE: B-214017 DATE: February 23, 1984 MATTER OF: Major Ora J. Williams, USA DIGEST: An Army officer claims basic allowance for quarters and variable housing allowance at the with-dependents rates on account of her adopted son during the probationary pre-adoption period (prior to the court's entry of a final adoption order), as the child resided in her household during that time. She is not entitled to the allow- ances claimed because under the control- ling state (Alabama) adoption statutes, a legal adoption had not been effected during that period. This action responds to a request for an advance deci- sion as to whether a voucher for basic allowance for quar- ters and variable housing allowance at the with-dependents rates may be paid to an Army officer on account of her adopted child during the probationary or pre-adoption period of the adoption procedure.1 We conclude that the member is not entitled to payment as claimed because during the period covered by the claim, the child was not her dependent as defined in the statutes that authorize an increased basic allowance for quarters and variable housing allowance on account of dependents.2 On November 15, 1982, a petition for the adoption of a minor child by Major Ora J. Williams was filed in the Probate Court of Tuscaloosa County, Alabama. On December 9, 1982, that Court issued an interlocutory order, by which Major Williams' petition for adoption was conditionally granted. That order also provided that, barring the 1The request for advance decision was submitted by Major Patrick T. Shine, Finance and Accounting Officer, Fort Leavenworth, Kansas. The request was approved by the Depart- ment of Defense Military Pay and Allowance Committee and assigned control number DO-A-1430. 2Since the accompanying voucher may not be certified for payment, it will be retained in this Office.

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