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B-178490 1 (1975-07-02)

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DECISION


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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:


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