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B-199233 1 (1983-12-27)

handle is hein.gao/gaobadlmj0001 and id is 1 raw text is: oECISION FILE: B-1992 MATTER OF: DIWEST: 1. 33 T14E COMPTROLLER MENERAL OP THE UNITEO lTATEl WASHINGTON. 0. C. 20546 DATE: December 27, 1983 Family Separation Allowances Where spouses with a dependent child are both members of the uniformed services, and one member is given a permanent change of station with dependent travel authorized, the Military Pay and Allow- ances Entitlements Manual may not be interpreted or amended to authorize pay- ment of the Family Separation Allowance to either member. Whether the child travels to the reassigned member's new station or remains at the old station is a matter of personal choice and not a forced separation as when a member is assigned to a restricted station. 2. Where spouses without dependents are both members of the uniformed services and are assigned to the same overseas permanent duty station immediately before one mem- ber chooses to return to the United States for separation from active duty, the continued separation between the mem- ber and the released spouse is not an en- forced separation, but a matter of per- sonal choice. Therefore, a Family Sepa- ration Allowance, under 37 U.S.C. S 427, may not be paid. This decision is in response to a request from the Assistant Secretary of Defense (Comptroller) in which he requests a decision on questions developed by the Department of Defense Military Pay and Allowance Com- mittee concerning whether Family Separation Allowances should be paid in various circumstances where both spouses are or were members of the uniformed services.1 We conclude that the separations described in the submission were not enforced separations and, therefore, the allowances may not be paid. 1 The Assistant Secretary transmitted Department of Defense Military Pay and Allowance Committee Action No. 558 setting forth the details of the request.

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