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

B-188979 1 (1978-07-24)

handle is hein.gao/gaobadgeu0001 and id is 1 raw text is: 








OCCICION




FILE:   3-188979


.3 ,-.**


n-la


? #    THR COMPVTROL.LWR GENERA
            .I   TNEm   UNITED SeTATRS
            WVAS AINGTON. .C. 2O48



                   CIATE: July 242 1978


MATTER OF: Hiroshi Ichiki - Separate maintenance
                allowance


DIGEST:


A civilian employee of the Departmrnt of
the Army stationed overseas may be granted
a separate maintenance allowance since it
has been esablished  by the chief medical
officer and the commander of the Eighth
Army that the etployee is compelled tc main-
tain his dependent elsewhere than at his
post because of the lack of medical or hospi-
tal facilities in the area to provide adequate
treatment required for the illness of his
dependent.


     This action is in response to a letter from the National
Federation of Federal Employees on behalf of Mr. Hi oshi Ichiki, a
civilian employee of the Department of the Army, c'acerning his
claim for puyment of a separate maintenance allohance (SIA).
Specifically we have been asked for the proper interpretation of the
provision in the Department of State's Standardized Regulations (Gov-
ernment Civilians, Foreign Areas) for the granting of an SMA due to
the lack of appropriate medical or hospital facilities for dependents
in the area.

     The administrative report supplied by the Army in the ease of
Mr. Tchiki indicates that he was initially granted an SKA on Decem-
bar 15, 1970, when he arrived in Korsa because his dependent was
precluded from joining him. He wts subsequantly assigned to Bupyong,
Seoul, and Chanchor. where his dependent was also precluded from
joining him.  On September 30, 1973, he was pronoted to a position
at Pusan, Koreso, where dependents were authorized as of January 7,
1974.  Due t. an administrative oversight, he was not officially
advised until April 14, 1976, that he was eligible for a 24-month
tour of duty at Pusan, Korea. He war also advised that since he
was authorized a 24-month accompanied tour, his SMA would be
terminated not later than 90 days from th- date of receipt of the
notice of eligibility for an accompanied tour or the date depend-
ents arrive at the duty post, whichever is earlier.

     Thr position of the Army in denying the SMA after July 19,
1976, is based upan the rationale that an overseas tour by


L


I


j

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