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B-178490 1 (1975-07-02)

handle is hein.gao/gaobadcqr0001 and id is 1 raw text is: DECISION 0~LE R oITO . . ~j FILE: B-178490 THE COMPTROLLER GENERAL OFTHEUNITED STATES WASHiNGTON. D.C. 20548 DATE: JuL 1 MATTER OF: Mr. J. Elmer Dunham - Separate Maintenance Allowance AID employee was denied Separate Maintenance Allowance by GAO for wife for tour of duty in Vietnam because of breach in domestic relations, even though no legal action had been instituted for divorce or formal legal separation. Regulations (Standardized Regulations (Government Civilians, Foreign Areas)) have been changed to clarify definition of breach in domestic relations to require legal action or formal separation. As clarification rather than revision, regulation may be applied retroactively. Therefore, B-147034, September 18, 1961, is overruled and will no longer be followed. Additionally, B-178490, May 6, 1974, is modified. Employee may be paid SMA for wife for entire tour under clarified definition. This matter is before us for reconsideration of our decision B-178490, May 6, 1974, which, in effect, partially denied Mr. J. Elmer Dunham's claim for Separate Maintenance Allowance - (SMA) while he was stationed in Vietnam with the Agency for International Development (AID), Department of State. Mr. Dunham's claim was originally submitted to us in December 1973, as a request for an advance decision from AID. At that time there was an outstanding Bill for Collection against Mr. Dunham in the amount of $8,116.33. The issues involved related to Mr. Dunham's right to receive SMA for his wife and two minor children while in Vietnam, and his right to be reimbursed for Family Visitation Travel expenses. The relevant facts and law are set forth, in detail, in B-178490, supra, and they will be repeated here only where necessary for clarity. Of the issues raised in the original submission, the only one that is still being contested by Mr. Dunham is whether or not his wife may.be included in computing his SMA for his entire tour in Vietnam. Following our May 6, 1974 decision, a revised Bill for Collection was issued on July 16, 1974, showing that Mr. Dunham still owed AID $106.94. In that Bill for Collection, Mrs. Dunham was included in computing the SMA from the time of Mr. Dunham's arrival in Vietnam, October 19, 1968, to the beginning of his home leave trip, July 25, 1969. By letter of August 15, 1974, Mr. Dunham DIGEST: 0 9 76 c2, t - IA- 17 4 '?- -_?,

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