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B-150187 1 (1977-08-26)

handle is hein.gao/gaobadsbo0001 and id is 1 raw text is: MG=/L


                          THE COMPTROLLER GENERAL
DECISION           .       OF THE UNITED         STATES
                  WAHIGTN                    0. C.204

                  UITE


FILE:    B-150187                DATE: AUG 26 1977

MATTER OF:                                USAF


DIGEST:      1. An Air Force officer required to be
                separated by 10 U. S.C. 83 03(d) (1970),
                was ordered on a permanent change of
                station from Athens. Greece* to
                McGuire Air Force Base, New Jersey,
                to be separated under an Air Force
                Regulation permitting voluntary resig-
                nation for the purpose of enlistment,
                then traveled to Tyndall Air Force Base,
                Florida, where he enlisted 2 days later.
                The member is entitled to an allowance
                for mileage from McGuire to his home
                of record. I JTR, paragraph M4157-la.
                Member may also be allowed a dependents'
                transportation allowance from Athens to
                Tyndall. 1 JTR. paragraph M7009-1.

             2. A member's entitlement to dependents'
                transportation allowance depends on
                Whether the dependents traveled to the
                place to which the allowance is claimed
                with the intent to establish a bona fide
                residence there. 1 JTR, paragrax
                M7000-13. In cases where the dependents
                stay in a particular place does not exceed
                the span of an ordinary visit, vacation or
                business trip and other facts in the case
                indicate that travel was for purposes other
                than to establish a home, the conclusion
                is required that the travel was not to a
                bona fide residence.

             3. Reimbursement to a member for a portion
                of his dependents' travel by a foreign airline
                must be recovered although the travel was
                arranged by an American charter corpora-
                tion, since under I JTR, paragraphs M2150
                and M7 000-8 the use of foreign flag
                carriers is prohibited unless a United States
                flag carrier is not available.


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