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B-209302 1 (1983-02-01)

handle is hein.gao/gaobadkwa0001 and id is 1 raw text is: DECISION FILE: B-209302 THE COMPTROLLER OENERA . OF THE UNITED BTATEB WASHINGTON. O.C. 20546 DATE: February 1, 1983 MATTER OF: Home-of-Selection Travel and Transportation Allowances DIGEST: The Joint Travel Regulations, Volume 1, may be amended to include travel and transpor- tation allowances to a home of selection for a member discharged or released from active duty with separation pay under 10 U.S.C. § 1174 (Supp. IV, 1980). A statute must be read in the context of other laws pertaining to the same subject and should be interpreted in light of the aims and designs of the total body of law of which it is a part. We have been asked whether Volume I of the Joint Travel Regulations may be amended to include travel and transportation allowances to a home of selection for a uniformed services member discharged or released from active duty with separation pay. Release from active duty with separation pay was added by the Defense Offi- cer Personnel Management Act. Public Law No. 96-513, section 109, 94 Stat. 2835, 2870, enacting 10 U.S.C. § 1174 (Supp. IV, 1980). Travel and transportation allowances provided under 37 U.S.C. SS 406(d) and (g) for a member's dependents and household effects were amended to reflect release from active duty with separa- tion pay. Pub. L. No. 96-513, section 506. However, 37 U.S.C. § 404(c) which authorizes a qualified member to select his home for the purpose of travel and transpor- tation allowances was not amended to refer to a member released with entitlement to separation pay. We find that, in accordance with the purpose and intent of Congress in providing for release of members with entitlement to separation pay, they are also entitled to travel and transportation allowances to their home of selection when they otherwise qualify. The question was presented by the Assistant Secre- tary of the Army (Manpower and Reserve Affairs), and was assigned Control No. 82-22 by the Per Diem, Travel and Transportation Allowance Committee.

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