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B-196694 1 (1979-12-12)

handle is hein.gao/gaobadhul0001 and id is 1 raw text is: o/iIol- DECISION FILE: B-196694 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 2054 DATE: December 212, 1979 MATTER OF: Captain Edmond Janczyk, USCG (Retired) OIGEST: 1. A Coast Guard member's dependents remained in Hittaii when the member was transferred on permanent change of station orders to Cleveland, Ohio. The member is not entitled to continued payment of station allowances under 37 U.S.C. 405 (1976) in the absence of an emergency preventing dependents from leaving the ovarseas station since the depend- ents' residence in the overseas area has no connection with the member's duty assignment. 2. The unsettled, coditipts in the public school system at a member's \ew duty station, or the member's belief that the public schools at the new duty station are inadequate, does not present a condition beyond the control of the member or dependents preventing them from departing the old overseas station for pur- poses of continuing station allowances when the member elects to have the dependents remain at the old station. 3. A member upon a permanent change of station from Hawaii to Cleveland, Ohio, could have shippel his household goods and privately owned autbmobile at Government expense but chose to leave them in Hawaii with his depend- ents and claims overseas station allowances instead. The fact that a member may forego receiving transportation entitlements he was entitled to does not create an entitlement to another allowance to which he has no legal entitlement. This is an appeal from a settlement of our Claims Division which disallowed a Coast Guard member's claim for overseas station allowances when the member left his depende;ts at his old overseas duty station, where such allowances were payable, after he was transferred to a duty station in the continental United States I,- i

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