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B-131836 1 (1973-06-05)

handle is hein.gao/gaobaaddb0001 and id is 1 raw text is: 


                          COM4PTROLLER GENWFIAL OF TlE UNITED STATES




           B-131836                           June 5, 1973
                                                                             4f

           The !onorable Joln I, Warner
           Tho Secrntary of the Navy

           Dear kt. oecratarys

                Ile refer to letter d.ed hlarch 30, 973, from the Undor SEcrotary
           of the Navy, in responne to our letter of   brury 9, 1973, in wVich
           we rqunsted an c:'peeeQcuiun of your vie ws,concernuf; theiproprcy of
           payset under 37 USC, 427(h)(2) of fantfly srll;rtion aikipance (PSA)
           to about '230 ,ucraers on tlree allip whicl h ave been or are beingover-
           hauled at the lorfolk avnl Shipyard in ?ortsn, outh, Virrirtd, located
           about 3 miles froal aorfolh, Virginia, the home port of the ships.

                In our letter wa state!i that none of these mer bTrs fnrllas
           revide in the Worfolk ar0a and that hen they were assigned to the
           ships the menbern had the option of roving their families at Govern'-
           mont expenoe to the Norfolk area, but chose not to do aso  While the
           ships wure at 1!orfolk such aerabzrs had no entitle-welt rJ ISA, but were
           paid the allot:nnco for the period when the ships to which they ware
           aaoi ned wm-e ba$ng overhauled in Portomouth, We pointed out that
           those rrnbes who had moved their fa.lius to Blorf-olk, the lomo port
           of the shipa did not receive the nllowancin and it wan further pointed
           out that had th other L   otrs moved thuir lauilie to the i;orfolk
           aroa they too iould not have been entitled to the. tilowance while their
           hips were at Portsmoutith for oveshaul since they still would have been
           vitluin easy co:uting dlotance of thtuir familiea.

                In our letter te referred to two of our decciuions, 43 Comp. Cn.
          444 (1963) and 43 Comp. Gen, 527 (1964) in idch we held, contrary to
          ,,art earlier decinion, 43 Coiup. Gen. 332 (1963), that .siuaraber whose
          /dopundents do not reside at or in the vicinlty of tm homo port w;ould
          /be entitled to FSA, if otherwise qualifled, when the member's vessel
          in mowny ftom its hoo port and thero results a separation of the nember
       /from Is dependent. by reason of his nilitary Aouignan2nt.

    ,hi         It was notod, houaver, that the decisions did not considar the
  /        atuation of a ahort move of the vessel in the vicinity of the hon
           port such as the rnwoment from lorfolk to Portsmouth.  8ince no
           3utitlewant to thn allowance resulted in thor case of dnperdento
                                                           PUULS, D DECISION1
               • .'                                        6Z~~5 Comp,Go. _.


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