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B-188464 1 (1977-07-19)

handle is hein.gao/gaobadqms0001 and id is 1 raw text is: 

                           ', ' THE COMPTRC.\LER GENERAL
   OECISION       OF THE UNITED                    STATES
                        i ' W A SH IN GT O N, 0D, C . 20 5 48



   FILE:                            DATE:    JUL 1
   MATTER OF:
                 v aster Sergeant                  IPUAF

   OI( EST:
       Farnly Sepaation Al/lownce, Type I, under
              37 U. S.C. 4217(a) (1970) is not authorized
              toa otherwise eligible member who is
              legally separated from his spouse since hi8
              'eparation from her reoults from personal
              considerations, not military a sliment.

    Ths action is in response to a request dated October 14, 1976, for
an advance decision from First Lieutenant S. Morris, U$AF, Account-
ing and Finance Officer, Headquarters TUSLOG Detachm nt 10
(1YA Er, cceernng payment f Family Sepaation Allowace, Typ~e I
fFSA-l) to Master Sergeat                 , U5AF,              in
the desribed cicumstanes, The request has been approved by the~
Department of Defense Miitay Pay and Allowance Conmmittee as ir
Force ubission No. DO-AF-126. ad forwarded here by letter
dated February 23, 197?.
    Sergeant      is apparently assigned to duty outside the United
 tate; he is leAly sepaated from his spouse upn who he bas s
his request for FSA-I; Government quarters are not available for
  assignment to him; and he is otherwise eligible for ES A-I. The
  Accounting nd Finace (Officer questions whether in thnese circum -
  tances the member is entitled to FSA-I since the member and his
  *~s are prevented from lving together at his duty station for per -
  onal reasons, ot miitary reasons. Regardlng this question, it is
  tated that the Department of Defense ]Military Pay and Allowance
Vntltlemnents MJanual (IXDPM)} pagaph 30303 is si!en and oura
decisions ae in aparent confict. In 43 Comp. Gen. 32, 35-352
(1953) (question 23) we considered a  imilar qucto fo h is
                                        r e cr nfrth    is
time along with 28 other question ubmitted by the Department o
Df nse M¢ilitary Pay and Allowance Committee seeking advance
cisc~ions on entitlement to the then ne~w Family¢ Separation Allowance.
Inescpnre to question 23 it was decided that the meirber would be
entitled to payn~ent if otherwise py~oer under 7 U. S.C. 42 (a.
  Athe Air Force pint out, sbsequent decisions. 44 Co~p. Gen. 572
(19 35},13-161781, August 9, 19 7, and 49 Corrp. Gen, 8137 flV70),
appear to be iconsitent with this osition.

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