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B-190122 1 (1977-11-23)

handle is hein.gao/gaobadfic0001 and id is 1 raw text is: 






                              THE  COMPTROLLER CENGRALA4'c..
DECISION         . ../   N. OF T  UNITED STATES    4
                              W ASaHING  0TODN, O3.C. 20(158
                     UNITin


FILE:   B-131632                    DATE'oveber 30, 1977

MATTER OF: Transportation Allowances ,.


Regulations may not be promulgated tinder
37 U.S.C. 406(h) (1970) or any other
statutory provision to authorize trans-
portation of dependents and household
effects of a member of the uniformed
services with dependents and shipment of
household goods for a member without de-
pendents serving within the United States,
incident to the member's discharge under
conditions other than honorable similar .
the transportation authorized members with
or witho'zt depsndents discharged in such
cirecustances while serving overseas.


     This action is in response to a letter dated .June 27, 1977,
from the Acting Assistant Secretary 'of the Air Voice (Manpower and
Reserve Affairn) requesting a decision with respect to questions
which have arisen as a result of our decisions in 44 Camp. Gen.
724  (1965) and 55 Comp. Gen. li83 (1976). Specifically the ques-
tion concerns the shipment of household effects of members without
dependents and the tinsportation  of dependents and household
effects for members with dependents when they are discharged.under
other than honorable Conditions while stationed within the United
States.  Th  request was forwarded to this Office by letter dated
July 5, 1977, from the Per Diem, Travel and Transportacion Allow-
ance Committee (PD7ATAC Control Number 77-22).

     The submission cites decisions at 55 Camp. Gen. 1183 and
44 Comp.-Gen. 724 in which it was determined that regulations may
be promulgnted pursuant to 37 U.S.C.'406(b) (1970) to authorize
transportation of dependents, household effects, and a privately
owned vehicle (POV) for members witrhdependents (44 Comp. Gen.
724) and the shipment of household effects and a POVformembers
without dependents (55 Camp. Gen. 1183) when they are discharged
under other than hrnorable conditions while stationed overseas.
It is proposed to amend Volume 1 of the Joint Travel Regulations
(1 JTR) to authorize transportation allowances in those situations


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