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B-201985 1 (1981-12-16)

handle is hein.gao/gaobadjxz0001 and id is 1 raw text is: DECISION / . -70(6 B-201985 DATE; December 16, 1981 MATTER OF: Kern IDGESTi K. Neiswander Grandchildren who are not under the legal guardianship of an employee of the Department of Defense or of his spouse may not be considered that employee's dependents for the purposes of establishing entitlement to travel and transportation allowances under the Joint Travel Regulations or over- seas allowances under the Department of State Standardized Regulations even though those grandchildren resIde with the employee at his overseas station, Status of legal guardianship is deter- mined by applicable state law, The question in this case is whether grandchildren living with a Federal civilian employee stationed overseaa may be recognized as the employee's dependents for the purpose of establishing entitlement to travel and transpor- tation allowances for them under Volume 2 of the Depart- ment of Defense Joint Travel Regulations (2 JTR) and for the purposc of establishing the employee's entitlement to overseas allowances under the Department of State Stand- ardized Regulations. Since we find that the grandchildren are not under the legal guardianship of the employee or his spouse, they vannot be considered depnndents under the JTR or Standardized Regulations. Therefore, the employee is not entitled to travel and transportation allowances for them under the JTR nor could they be the basis for certain of the overseas allowances paid the employee under the Standardized Regulations. The Acting Assistant Secretary of the Army (Manpower and Reserve Affairs) presented the question which was assigned Control No. 81-3 by the Per Diem, Travel and Transportation Allowance Committee, Department of Defense. Background A severe automobile children's mother in 1978 ments for the children to and her children resided, accident incapacitated the grand- . As a result shemade arrange- travel from Colorado, wh.re she to rurope in June 1979 to live FILE; THE! COMPTROLLIERWC31YERAL OF THE UNITED *TATC3 WASHINGTON, D0,0, ao248

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