About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-176613 1 (1973-01-02)

handle is hein.gao/gaobadduy0001 and id is 1 raw text is: 
                COMPTROLLER GENERAL OF THE UNITED STATES
                          WASHINGTON. D.C. 20548



 1-176613                          January 2, 1973



 Major John T. Donohue
 Finance and Accounting Officer
 Through Headquarters Department of the Army
   (DACA-FIS-PT)
 Forrestal Building                                 099 53G
 Washington, D. C.  20314

 Dear Major Donohue:

     This  refers to your letter dated April 19, 1972, which was
 forwarded here by 1st endorsement, dated July 21, 1972, of the Per
 Diem, Travel and Transportation Allowance Committee, requesting an
 advance decision as to the legality of payment of a dislocation
 allowance to Lieutenant Colonel Jeanne E. Rivera, Army Nurse Corps,
 as a member without dependents. Your  request has been assigned
 PDTATAC Control No. 72-29.

     By orders issued January 14, 1972, Colonel Rivera was  ordered to
travel on a change of permanent station  from Fort Bragg, North
Carolina, to Brooke Army Medical Center, Fort  Sam Houston, Texas, with
a reporting date of March 20, 1972.  Pursuant to these orders,  the
member submitted the enclosed voucher claiming a dislocation allowance
as a member without dependents.  You say that such allowance has been
paid to the officer twice before, under sim!lrr conditions.  However,
you say doubt exists as to the legality of the payment since Colonel
Rivera is presently receiving basic allowance for quarters as a member
with dependents in behalf of her dependent mother.  As the mother has
not and does not intend to join her daughter at her new station you
say that there is no entitlement to dependents travel or dislocation
allowance as a member with dependents.  The officer has not been
assigned Government quarters at her new station.

     Section 406, title 37, U.S. Code, provides in part, that a member
of a uniformed service who is ordered to make a change of permanent
station is entitled to transportation of his dependents, to reimburse-
ment thereof, or to a monetary allowance in plece of transportation,
subject to such conditions and limitations as are prescribed by the
Secretaries concerned.

     Section 401 of title 37, U.S. Code, reads, in part, as follows:

     1 401.  Definitions

         In this chapter, 'dependent', with respect to a member of
      'uniformed service, means--
                                                               PUBLISHED  DaCIIC:

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most