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B-197463 1 (1980-03-03)

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        '   ,COMPTROLLER GEZNERAL OF TH1E UNITED $TATES
                                    WAS ;41NC3T011, D.C. 1044

                                                                                4
              B-197463                                 Parch 3,1980

                                       Ila
                                       4?      ,Pub21, 8,

              The J!onorable Strom Thurmond
              United States Senate
              Dear Senator Thurmond:

                   Reference is made to your recent correspondence,
              with enclosure, reg irding the request of your c'onstitu-
              ent, Lieutenant Colonel Donald V. Andersen, USMC, for
              assistance In determining whether he should have been
              entitled to an early return of his so) from Japan to
              the United States at Government expense to attend
              college.

                   According to Colonel Andersen, he was denied
              authoritation for an early return of his dependent to
              attend college. However, his dependent was authorized
              Government space available transportation with a
              66-pound baggage limitation. Colonel Andersen Indi-
              cates that he understood that the relevant regulations
              would have enabled him to have his son return to the
              United States on space-required travel but that one
              of our recent decisions changed this.

                  The foliqwing information is being supplied to yo.
             so that you jany be responsive to the request of your
             constituent.
                  The entitlement i;o the'transportation of dependents
             between the UnitedStaites an) overseas at Government
             expense is proided by law, dpecifically section 406 of
             title 37, UnIted States Code (1976), which generally pro-
             vides that ouch tra'psportation' ,ts authorized when the
             Member is ordered to make a chAncje of permanent station.
             A~cordingly, ordinarily a depeniiont does not have a
             right 'to a return, trip to the ri'itod States at Govern-
             mant'oxpense unless itj Is in connection with a change
             of permanent stationby the member.. However, sec-
             t'ions 406(e) and 406(h) of title 37 provide limited
             exceptions to the general rule. Section 406(e) permits


                              Att~

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