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B-203354 1 (1982-02-08)

handle is hein.gao/gaobadkbd0001 and id is 1 raw text is: /E/7 7) - I!)ECI6ION ,,'+ THE COMPTFIVJLLER OF TH5 UNITED GENERAL B TA,V 05 WASHINGTON, 0(3, 201340 B-203354 DATE: February 8, 1982 MATTER OF DIGEST; MaJior Jamesi C. Rhodes, UShI I Service member legally separate d from his spouse who relocates in connecliion with a permanent change of station ano resides in non-Government quarters but does not relocate his spouse at Government expense is entitled to a dislocation allowance at the without dependents rate, This decision is rendered in response to a request submitted by Lieutenant Colonel L. T. HowardtDirector of Accou-ting and Finance, Eglin Air Force Base, Florida, for an advance decision concerning the entitlement of Major James C. Rhodes to a dislocation allowance in connection with his permanent change of station rom Langley Air Force Base, Virginia, to Eglin Air Force Base in April 1979. The request was assigned control number 81-16 by the Per Diem, Travel and Transportation .Allowance Committee, As is explained below, we is entitled to the dislocation dependents rate, find that Maj or Rhodes allowance at the without The finance officer states that at the time of the change of station, Major Rhodes was legally separated from his wife and did not relocate her in connection with his move. Upon completion of his move, he sub- mitted adclaim for dislocation allowance as a member without dependents. His claim was denied on the basis that at the time of his move he was married and, thus, considered a member with dependents under Volume 1 of the Joint Travel Regulations (I JTR). Effective June 19, 1980, the Joint Travel Regulations definition of a member without dependents was amended to include a member with dependents when the dependents do not relocate at Government expense incidelt to the member's move, even though they are entitled to do so. 1 J QR, paragraph 19001.2 (change 331, September 1, 1980)9 See also 59 Comp, Gen. 376 (1980), upon which that amendment was based. After the definition was amended, Major Rhodes resubmitted his claim for a dislocation 9 0 9 U FILE:

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