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B-196121 1 (1980-04-08)

handle is hein.gao/gaobadidy0001 and id is 1 raw text is: . THE COMPTROLLER GENERAL DECISIDN OF THE UNITED STATES 0 WASHINGTON, .C. 20548 /7r C, /I - April 8. 1980 FILE: B-196121 DATE: MATTER OF: DIGEST: Dislocation allowances An amendment of the Joint Travel Regula- tions permitting treatment of a member with dependents who are authorized to travel with him to his new permanent station but who in fact, do not travel to the new station, as a member without dependents for purposes .of receiving dislocation allowance, is not prohibited by 37 U.S.C. § 407. 48 Comp. Gen. 782 (1969) and similar decisions will no longer be followed. This action is in response to a letter dated August 22, o, c 1979, from the Assistant Secretary of the Army (Manpower and39 9 Reserve Affairs) requesting an advance decision concerning a proposed amendment to Volume 1 of the Joint Travel Regula- tions (1 JTR) relating to the dislocation allowance entitle- ments of military members with dependents. Specifically, the Assistant Secretary asks whether under 37 U.S.C. § 407 (1976), the JTR may be amended to permit a military member with dependents, who are authorized to relocate with him, to receive a dislocation allowance when he is transferred to a new permanent station, where his dependents do not relocate incident to his change in permanent duty station. As explained below, we conclude that the adoption and implementation of such an amendment is authorized under 37 U.S.C. § 407. That statute provides: S 407. Travel and transportation allowances: dislocation allowance (a) Except as provided by subsec- tions (b) and (c) of this section, under regulations prescribed by the Secretary concerned, a member of a uniformed service--

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