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care is initially denied by an adjudica-
tion authority, the member may appeal
the denial as outlined below. Any level
in the appeal process may over-rule the
previous decision and order payment of
the claim in whole or in part or grant
the request for prior approval of care.
(a) Level I—Reconsideration by the
adjudication authority making the ini-
tial denial. The member should submit
any additional information that may
mitigate the initial denial.
(b) Level II—Consideration by the
commander of the regional medical

adjudication authority which upheld

the initial denial on reconsideration. (c) Level III—Consideration

COMNAVMEDCOM (MEDCOM-333).

by

Subport C–Accounting Classificotions for Nonnoivol MediCol Cind Dentol Core Expenses Cind Sfonddro Document Numbers

$732.25 Accounting classifications for nonnaval medical and dental care

command having cognizance Over the expenses. Approp. j . o.o. BCN |SA | AAA | TT | PAA Cost Code Purpose 17*1804 || 188M 000 || 00018 M | 000179 || 2D MDO000 || 990010000MDQ | Outpatient Care Service Expenses." 2 17*1804 || 188M 000 || 00018 M | 000179 || 2D MDTOOO | 990010000MDT | Outpatient Care Supply Expenses. 3 17*1804 || 188M 000 || 00018 000179 2D MDE000 || 990010000MDE | Ambulance Expenses." 17*1804 || 188M 000 || 00018 000179 || 2D MDQIO0 990020000MDQ | Inpatient Care Service Expense." 2 17*1804 || 188M 000 || 00018 || M | 000179 2D MDTIOO 990020000MDT | Inpatient Care Supply Expenses.” 9 17*1804 188M 006 || 00018 || M | 000179 || 3C MDZI00 990020000MDZ | Inpatient Sub- Sistence Collections.” Notes:

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*For the third digit of the appropriation, enter the last digit of the fiscal year current at the time claim is ap

proved for payment. **Refer to

AVCOMPT Manual par. 027003 for appropriate Expenditure Category Codes when disburse

ment or collection involves a foreign or U.S. Contractor abroad. * Not applicable when care is procured from non-DOD sources for a patient receiving either inpatient or out

patient care at a naval medical facility. In such instances, the expenses incurred are payable from operations

and maintenance funds available for support of the naval medical facility. - 2 Service expenses include: hospital, emergency room clinic, office fees; jo. and dentist professional

fees; laboratory, radiology, operating room, anesthesia, physical therapy, an expenses include: medications and pharmacy charges;

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other services provided. solutions; whole blood and blood prod

ucts; bandages; Crutches; prosthetic devices; needles and syringes; and other supplies provided.

$732.26 Standard document numbers. Adjudication authorities will assign to each claim approved for payment, a unique 15 position alpha/numeric standard document number (SDN). Prominently display this number on the NAVMED 6320/10, the NAVCOMPT 2277 (Voucher for Disbursement, and/or

Collection), NAVCOMPT 1164 (Claim for Reimbursement for Expenditures on Official Business) and On all other doc

umentation accompanying claims. Compose SNDS per the following example: N0016887MD00001 Or N0016887 RV00001.

1 2 thru 6 7 & 8 9 & 10 11 thru 15 Position Entry N 00168 87 M.P.9° 00001 RV Position Data entry 1 “N” identifies Navy. 2 thru 6 .............................. Unit loentification Code of document issuing activity. 7 and 8 .............................. Last two digits of the fiscal year in which the claim is approved for payment. 9 and 10, ........................... For NAVCOMPT 2277s, “MD” identifies the document as Miscellaneous FinanCial DOCument. Or, 9 and 10............................ For SF 1164s, “RV” identifies the document as a Reimbursement Voucher. 11 thru 15 .......................... Consecutively assigned five digit serial number beginning with “00001” each fiscal year. Each subsequent claim will then be serially numbered “00002”, “00003", etc.

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PART 733–ASSISTANCE TO AND
SUPPORT OF DEPENDENTS; PA-
TERNITY COMPLAINTS

Sec.
733.1 Rates of basic allowance for quarters.
733.2 DelegationS.
733.3 Information and policy on Support of
dependents.
733.4 Complaints of nonSupport and insuffi-
cient Support of dependents.
733.5 Determination of paternity and Sup-
port of illegitimate children.

AUTHORITY: 5 U.S.C. 301; 10 U.S.C. 5031; 37 U.S.C. 101, 401, 403; 50 U.S.C. App. 2210; E.O. 11157, 29 FR 7973, 3 CFR 1964 Supp. p. 139, as amended.

SOURCE: 44 FR 42.190, July 19, 1979, unless Otherwise noted.

$733.1 Rates of basic allowance for quarters.

(a) Except as otherwise provided by law, a member of the naval Service entitled to basic pay is entitled to a basic allowance for quarters at the monthly rates according to the pay grade to which he or She is a SSigned, in a CCOrdance with 37 U.S.C. 403. (b) The term “dependent” with respect to a member of the naval service, as used in this part, means: (1) His or her Spouse; (2) His or her unmarried child (including any of the following categories of children if Such child is in fact dependent on the member: A stepchild; an adopted child; or an illegitimate child whose alleged member-parent has been judicially decreed to be the parent

of the child or judicially ordered to
Contribute to the child's Support, or
whose parentage has been admitted in
writing by the member) who either:
(i) Is under 21 years of age; or
(ii) Is incapable of self-support be-
Cause of a mental or physical incapac-
ity, and in fact dependent on the mem-
ber for over one-half of his or her Sup-
port; and
(3) His or her parent (including a
Stepparent or parent by adoption, and
any person, including a former Step-
parent, who has stood in loco parentis
to the member at any time for a con-
tinuous period of at least 5 years before
he Or she became 21 years of age) who
is in fact dependent. On the member for
Over one-half of his or her Support;
however, the dependency of such a par-
ent is determined on the basis of an af-
fidavit Submitted by the parent and
any other evidence required under reg-
ulations prescribed by the Secretary of
the Navy, and he or she is not consid-
ered a dependent of the member claim-
ing the dependency unless:
(i) The member has provided over
One-half of his or her Support for the
period prescribed by the Secretary; or
(ii) Due to changed circumstances
arising after the member enters On ac-
tive duty, the parent becomes in fact
dependent on the member for over one-
half of is or her Support.

The relationship between a stepparent and his or her stepchild is terminated by the stepparent’s divorce from the parent by blood.

$733.2 Delegations.

The Director, Navy Family Allowance Activity, Anthony J. Celebrezze Federal Building, Cleveland, OH 44199, with respect to personnel of the Navy, and the Head, Personal Affairs Branch, Manpower Department, Headquarters United States Marine Corps, Washington, DC 20380, with respect to personnel of the Marine Corps, have been granted the authority by the Secretary of the Navy to make determinations including determinations of dependency and relationship when required by legislation or policy for eligibility for basic allowance for quarters, transportation and medical care in behalf of dependents of Navy and Marine personnel and to administer matters involving adequacy of support for dependents and waivers of support of a Spouse, and on the basis of new evidence Or for Other good cause to reconsider or modify any Such determination.

§ 733.3 Information and policy on support of dependents.

(a) Policy—(1) General. The naval Service will not be a haven or refuge for personnel who disregard or evade their obligations to their families. All members of the naval Service are expected to conduct their personal affairs satisfactorily. This includes the requirement that they provide adequate and continuous support for their lawful dependents and comply with the terms of separation agreements and Court or— ders. Failure to do so which tends to bring discredit on the naval service is a proper subject of command consideration for initiation of Court-martial proceedings or other administrative or disciplinary action.

(2) Adequacy of Support. Every member has an inherent natural and moral obligation to support his or her Spouse and family. What is adequate and reasonably sufficient support is a highly complex and individual matter dependent on numerous factors, and may be resolved permanently only in the civil courts. Salient factors that should be considered are the pay of the member, any other private income or resources of the member and the dependents, the cost of necessities and every day living expenses and financial obligations of the dependents, and the expenses and

other financial obligations of the member in relation to his or her income. The Department of the Navy does not and Cannot act as a court in these matters. It is desired that the amount of support to be provided for dependents either be established by mutual underStanding between the parties concerned or adjudicated in the civil courts. The Support Scales set forth below are not intended as a fixed rule. They are intended as guidelines and the actual Support may be increased or decreased as the facts and circumstances warrant until the amount of Support to be furnished is Settled by agreement of the parties or adjudicated by the civil Courts. Because of the inherent arbitrary and temporary nature of the support Scales set forth below, it is not intended that they be used as bases for any judicial proceedings, for to do so would lend excessive credence to administrative tools which have been designed for use only within the Navy and the Marine Corps.

(i) Number of dependents and amount of Support to be provided in the absence of a mutual agreement or court Order:

(A) Navy members:

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(1) The amount of support to a dependent for whom basic allowance for quarters is claimed should not be less than the applicable rate of basic allowance for quarters to which the member is entitled. (2) A Marine’s obligation to provide for the support of children by a former marriage has as high a priority as an obligation to provide for a present wife and family. In those cases of a legitimate financial inability to provide Support for all dependents, commanders shall attempt to assist the Marine in the equitable distribution of income for the assistance of all dependents, utilizing the guidelines set forth above. (3) It is to be emphasized that the guidelines set forth are to be used Only as an interim measure, and that the commander’s decision as to the quantum of Support to be provided will be, prima facie, the appropriate conclusion of the Marine Corps, pending civil court or extrajudicial resolution among the involved parties. (3) Support of a lawful wife. The laws of jurisdictions in the United States impose a legal obligation upon a husband to support his wife. Exemptions from support of a lawful wife may be in the form of an Order of a civil Court of competent jurisdiction, relinquishment by the wife or mutual agreement of the parties, or a waiver of the naval Support requirement granted by the Director, Navy Family Allowance Activity Or the Commandant Of the Marine Corps, as appropriate. (4) Payments of alimony. Dependents for whom basic allowance for quarters or other allowances are payable are defined by law. For purposes of qualifying for basic allowance for quarters, medical care or other benefits, a former spouse is not a dependent even though alimony has been decreed. Members are expected to comply with the terms of court orders or divorce decrees which adjudge payments of alimony even though basic allowance for quarters is not payable. (5) Support of children. The duty of a member to support his or her minor children is not affected by desertion or other misconduct. On the part of the spouse. The obligation to support a child or children is not affected by dissolution of the marriage through di

vorce, unless the judicial decree or order Specifically negates the obligations of the member to support a child or children of the marriage. The fact that a divorce decree is Silent relative to Support of minor children or does not mention a child or children will not be considered as relieving the Service member of the inherent obligation to provide support for the child or children of the marriage. In many cases, the Courts may not be cognizant of the existence of a child or children, or may not have jurisdiction over the child or children. A commanding officer has discretion to withhold action for alleged failure to support a child under the following conditions: (i) Where the member cannot ascertain the whereabouts and welfare of the child concerned. (ii) Where it is apparent that the perSon requesting Support for a child does not have physical custody of the child. (iii) Where the member has been granted custody of the child by court order but does not have physical control of the child and the member is ready, willing, and able to Care for and Support the child if physical control is obtained. (6) Adopted children. The natural parents of an adopted child are relieved of the obligation to support the child as such duty is imposed on the adoptive parents. A Navy or Marine Corps member who contemplates the adoption of a child should be aware of the legal obligation to provide continuous Support for such child during minority. (7) Entitlement to basic allowance for quarters. Entitlement of members to basic allowance for quarters On behalf of dependents is provided by statute. No member should be denied the right to submit a claim or application for basic allowance for quarters, nor should any command refuse or fail to forward any such claim or application. In cases involving parents, the member should furnish an estimate of the dependency situation to the best of his or her knowledge. Commanding officers should not contact parents for dependency information to include in the member’s application. This delays the application and serves no useful purpose, as such cases are thoroughly investigated by the Navy Family Allowance Activity or Headquarters Marine Corps, which obtains necessary dependency affidavits directly from the parents. Any person, including a service member or dependent who obtains an allowance by fraudulent means is subject to criminal prosecution. (8) Application of the rule based on Robey v. United States 71 Ct. Cl. 561. Determinations that no dependency exists may be made in disputed cases—if a. member does not contribute to the Support of spouse and child at least to the extent Of: (i) The full amount of his/her basic allowance for quarters, or (ii) An amount specified in a court order or legal Separation agreement, or (iii) An amount agreed to by the parties as acceptable, adequate Support, whichever is lesser. Pertinent decisions of the Court of Claims or Comptroller General will be followed in determinations of dependency.

$733.4 Complaints of nonsupport and insufficient support of dependents.

(a) Upon receipt of a complaint alleging that a member is not adequately supporting his or her lawful dependents (spouse or children), the member will be interviewed and informed of the policy of the Department of the Navy concerning Support of dependents. In the absence of a determination by a civil court or a mutual agreement of the parties, the applicable guide in §733.3 will apply. The member will be informed that his/her Navy or Marine Corps Career may be in jeopardy if he/ She does not take Satisfactory action. The member may become ineligible to reenlist or extend enlistment (in the case of enlisted members), and may be subject to administrative or disciplinary action that may result in Separation from the Navy or Marine Corps.

(1) Waiver of support of Spouse. If the member feels that he or she has legitimate grounds for a waiver of support for the spouse, the Director, Navy Family Allowance Activity, acting under the policy guidance of the Chief of Naval Personnel or the Commandant of the Marine Corps (Code MSPA), may grant Such a waiver for support of a

Spouse (but not children) on the basis of evidence of desertion without cause Or infidelity on the part of the spouse. The evidence may consist of

(i) An affidavit of the Service member, relative, disinterested person, public official, or law enforcement officer. However, affidavits of the Service member and relatives should be supported by other corroborative evidence. All affidavits must be based upon the perSonal knowledge of the facts set forth; Statements of heresay, opinion, and Conclusion are not acceptable as evidence.

(ii) Written admissions by the spouse Contained in letters written by that Spouse to the Service member or other perSOnS.

The request for waiver of support of a Spouse should be submitted to the Director, Navy Family Allowance Activity or the Commandant of the Marine Corps (Code MSPA) with a complete Statement of the facts and substantiating evidence, and comments or recOmmendations of the commanding offiCer.

(2) Action. After a written complaint that a member has failed or refused to furnish Support for his or her spouse or children has been received, and the member has been counseled with regard to his/her rights and obligations in the Support matter, continued failure or refusal, without justification, to furnish Support for dependents in accordance with the provisions of a valid Court order, written agreement, or, in the absence of a court order or agreement, the appropriate support guide set forth above, will be a basis for consideration of disciplinary or administrative action which may result in the member’s separation from active Service.

$733.5 Determination of paternity and support of illegitimate children.

(a) Illegitimate children. If the Service member desires marriage, leave for this purpose is recommended whenever consistent with the needs or exigencies of the Service. When the blood parents of an illegitimate child marry, the child is considered to be legitimized by the marriage unless a court finds the child to be illegitimate.

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