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B-182602 1 (1975-08-12)

handle is hein.gao/gaobadcol0001 and id is 1 raw text is: 
                         .LER
                                 THE   COMPT     JLLER   GENERAL
     DECISION * .' - OF THE UNITED STATES
                              Z' WASHINGTON. D.C. 20548



    FILE:  B-182602                     DATE:   AUG  12  1975

    MVATTER   OF:
                    Patricia A. Mc1usick - living quarters
                    allowance
    DIGEST:
               Army employee who traveled to Heidelberg, Germany,
               in 1961 with intent of obtaining emloyment while
               her husband attended university there and who was
               not employed by the Armay until 2-1/2 years later,
               following intervening employment with a German
               firm and a nonappropriated fund activity, may not
               be granted living quarters allowance. Although
               she may have been sole support of family, she was
               recruited in the foreign area and fails to ieet
               the criteria of section 031.12 of the Standardized
               Regulations (Governmaent Civilians, Foreign Areas).

     Acting under power of attorney, the American Federation of Govern-
ment Employees requests our reconsideration of the denial of
Mrs. Patricia A. M1cKusick's claia for a living quarters allowance by
our Transportjtion and Claims Division's Settlnant Certificate
No. Z-2317841 dated July 16, 1974,

     Mrs. McKusick's claim for a living quarters allowance for the
period from October 1963 until the present is predicated on her under-
standing that the regulations contained at section 031.12 of the Stan-
dardised R4egulations (Government Civilians, Foreign Areas) authorize
the granting of such an allowance in view of the financial dependency
of her husband.  On her behalf the American Federation of Government
Employees suggests that the previous denial of her claim may have been
made without proper consideration of the precedent set in the case of
Mrs. RPusselle iedley, B-169161, Jttne 19, 1970. This precedent, it is
urged, stands for the proposition that an individual is entitled to a
living quarters allowance if she is the sole support of her family.
Moreover, it is suggested that the fact that Mrs. Mc.usick was granted
a transportation agreceent suggests that she is likewise eligible for
a living quarters allowance and that the granting of the former neces-
earily insures eligibility for the latter allowance.

     The record indicates that Mrs. McKusick traveled to Germany in
January of 1961 with the express intent, as indicated by her applica-
tion for employment, of finding work during the course of her husband's

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