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B-185813 1 (1976-07-13)

handle is hein.gao/gaobaduqw0001 and id is 1 raw text is: 
                   ~otLER 0
                 0        7 THE COMPTROLLER GENERAL
DECISION                     OF THE UNITED STATES
                             WASHINGTON, 0. C. 20548




FILE:   B1185813                    DATE:     J UL 13 1976
MATTER OF:
                 Specialist Fourth Class                    , USA

DIGEST:
           Female member, whose mother is a dependent,
           subsequently marries another service member
           while on permanent duty overseas, is entitled
           to Family Separation Allowance - Type I for
           her mother, while member is living off base in
           a common residence with husband, notwithstand-
           ing the availability of Government single,
           quarters, since Government family quarters were
           not furnished to her and her husband.

      This action is in response to letter dated December 22, 1975,
 from Lieutenant Colonel Ray L. Vaught, Jr., Finance and Accounting
 Officer, Department of the Army, 45th Finance Section, APO New
 York 09227t requesting an advance decision concerning the entitle-
 ment of Specialist Fourth Class
            p USA, to Family Separation Allowance, Type I (FSA-I),
 following her marriage to another service member. The request
 was assigned Control No. DO-A-1253 by the Department of Defense
 Military Pay and Allowance Committee and forwarded here by Office
 of the Comptroller of the Army letter dated April 7, 1976.

      In the submission it was stated that permanent change of
 station orders, dated August 23, 1974, directed Specialist
 from Fort Sill, Oklahoma$ to Europe with ultimate duty assignment
 at Kaiserslautern, Germany. Upon arrival in Kaiserslautern on
 October 1, 1974, Specialist -     was single and was assigned
 and utilized living accommodations in available troop billets in
 the unit area. The record also shows that she was in a pay grade
 lower than E-4 (with over 2 years' service) and, therefore, was
 not entitled to the transportation of dependents to her new duty
 station at Government expense. See I Joint Travel Regulations
 (1 JTR), paragraph M7000-1.K

      The submission also stated that in April of 1975, Specialist
        applied for Basic Allowance for Quarters (BAQ) on behalf
 of her mother, whom she claimed was dependent upon her for more
 than 50 pprcent of her total support as required by 37 U.S.C.
 I 401(3) Supp. III, 1973). The application was approved by the

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