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B-186153 1 (1976-07-19)

handle is hein.gao/gaobadcwp0001 and id is 1 raw text is: THE COMPTRL.LER GENERAL DECISION . .OF THE UNITED STATES aZ WASHINGTON, D.C. 20548 NITED FILE: DATE: JU 1 9 1 B-186153 MATTER OF: q7 Department of Defense - Separate Maintenance Allowance DIGEST: Employee of Department of Defense may have daughter attending college counted as memxber of family in computing separate maintenance allowance. Section 262.31a of Standardized Regulations does not exclude daughter as conditions of section 262.1 are met, and section 261.2 indicates dependents attending college are to be included in computation of allowance. By letter dated March 15, 1976, an authorized certifying officer of the Department of Defense (DOD) requested an advance decision on the claim of a DDD mloyee for an increase in the amount of his separate maintenance allowance under the provisions of paragraph 260 of the Standardized Regulations (Government Civilians, Foreign Areas). The record shows that the employee's family was evacuated from his overseas duty post for their personal safety. Prior to the evacuation, the employee's daughter had been issued travel orders to return to the United States to begin college under the provisions of section 260 of the Standardized Regulations. However, her departure for college did not occur until after the faily had been evacuated to a safe haven and she had been there approximately six weeks. Subsequently, the employee's duty post was reclassified to an unaccompanied tour duty station and the remainder of his family returned to the United States. The question for which an advance decision is requested is whether the daughter should be included as a member of the employee's family for purposes of computing the separate maintenance allowance, since she would have returned to the United States in any case. The certifying officer states that section 262.31a of the Standardized Regulations appears to exclude the employee's daughter in the computation of the amount of the allowance, That section reads as follows: A separate maintenance allowance shall not be granted where the conditions in section 262.1 are not met, includin& (but not limited to) situations where the separation is for the following or other personal reasons: a. educational purposes.

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