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B-199424 1 (1980-10-07)

handle is hein.gao/gaobadipn0001 and id is 1 raw text is: FILE: B- MATTER OIGIEST: 199424 DATE: October 7, 1950 OF: Aquired Dependen Attaining 21 Y The Joint Travel Regulations may not be amended to authorize transportation at Government expense for the return transportation to the United States of a uniformed service member's child acquired over- seas when the dependent was less than 21 years of age who was subsequently command sponsored and then became 21 years of age before the member's next permanent change of station. 37 U.S.C. § 406(h), which authorizes return transportation of dependent children from overseas after reaching age 21,, applies only to dependents transported overseas at Government expense. This: decision is in response toa request' for an advance decision from the Principal Deputy Assistant Secretary of the Air Fbrte (M1hinpower, Reserve Affairs and Installations) con- cerning whether the Joint Travel Regulations may be amended to authorize- the. transportation of a uniformed. services member's dependent- child acquired outside. the United States to the same, extent as that authorized for a dependent.transported to the member's permanent duty station outside the United States at Government, expense and attaining 21 years of age while the member is serving at such station. The.answer is no. LGenerally, upon attaining age 2.1 a person loses the status of dependent child or the purpose of transportation at Government expense2 See 37 U.S.C. § 401. However, as is stated in the reques:t for decision, soaragraph 17012, Volume 1., Joint Travel Regulations (1. .JTR) [authnrizes transportation of a dependent child attaining age 21 while a member is serving outside the United States when a member is ordered on a permanent change of station (PCS) as long as the unmarried child was trans- porte aGovernment expense to a location outside the United States.j The statutory authority for this regulation is found in the following provision in 37 U.S.C. § 406(h) (1976) which was added by Public Law 88-431, 78 Stat. 439: * * * For the purpose of this. section, a member's unmarried child for whom the member t\Y~jL % A I THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON. 0- C 20548 Ds ~ lot.- f-1-av AlWLoY 91

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