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B-211693 1 (1983-07-15)

handle is hein.gao/gaobadlfg0001 and id is 1 raw text is: B-211693 THE COMPTROLLER GENERAL OF THE UN-ITED TATES WASIINGTON. O.€. 20548 DATE: July 15, 1983 MATTER OF: Sergeant Major Alexander Titoff, USA An Army sergeant serving an unaccompanied tour of duty in Portugal was authorized a family separation allowance, types 1 and 2 since his separation from his wife and children was due to military orders. While the member was serving that tour of duty, a California court granted to him and his wife an interlocutory decree of divorce that ap- parently incorporated a separation agreement which gave each joint custody of the children but gave physical custody of the children to the wife. The Army then terminated the mem- ber's family separation allowances. This action was correct since, although the mem- ber's separation from his wife and children initially was due to military orders, the interlocutory decree of divorce changed the nature of the separation to one for personal reasons which makes him ineligible for the allowances. This decision is in response to a request for review of our Claims Group's disallowance of Sergeant Major Alexander Titoff's claim for a family separation allowance, type 1 for a period beyond the date of his divorce. As will be explained, we sustain the action taken by our Claims Group because his separation from his family after the date of the divorce was not as a result of military orders. Sergeant Titoff was ordered on a permanent change of station from Fort Ord, California, to Lisbon, Portugal. Since he had elected to serve an all others tour in Portugal, that is a tour of duty unaccompanied by his dependents, his orders did not authorize transportation of his dependents to his new duty station. Consistent with this type of tour, he was authorized family separa- tion allowance, type 1 and type 2, since his dependents, a wife and two children, did not reside with him in Portugal but remained in the United States, and Govern- ment quarters were not available for him in Portugal. OcLb~S~J DECISION FILE: DIGEST:

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