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B-178114 1 (1973-05-25)

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         B-178114                                           MJAY 2 5 1973
                                                                           A

         The U1onorztble William P. logers

         The Secrotary of State

         Dear Mr, Secretary:

              Referenc is rade to a letter from M r. James Yo. Carphell, Asistant
         Administrnter for Pro, ran and iflanaren~nr. Servicns, .ency for Inter-
         national Vhvlopnant (AID), dnted February 26v 1973, requesting a deciion
         as to whether certain AID .tployees are entitlcd ti a separata maintenance
         allowance (I), whnre pursuant to n divorce decree, joint custody of the
         wiiior children in vested in both paventa, The factual. circumstances of
         each of four AID c nployees who have requested BHA are sunnarizted as
         follows:

             Hr. Fred C. Uaegel was transferred to Vivtm tro  lUAID/aadiscio
         in Decenbor 1966 and began receiving B;lA. Hi, family cried from the
(        United States to tho Taipdl, Taiwan safehaven in Jume 1967 and the SHIA
         was continuod. Duriua the sumiur of 1969 Kr, uin I r. angel returned to
         the United States awd entered into a ceparation owf-eement on August 26,
         1969, which was followed by a divorce decree on October 22, 1970, awarding
         both parties joint custody and control of their .inot' son, The SHA was
         torninated retroactively to the date of tlr,,oaeparation agreement; however,
         tha cmployee claims w iwas entitled to the allowancu for his minor son
         ,ntli he departed Vietnam on a ctd-tour transfer to lrail on March 23,
         1971. It is noted that the crployee'n son did not join him at hs' ne%


             Mr. Alvin V. Hfler roceivad a final divorcmi decree on June 30,
         1969, whicl ordered that the minor children of tl I arriagn were to
         remain under custody of their parents, 1116 minor avm resided with hin
         at his post in Monrovia nfter the divorce untll he ae transferred to
         Vietnam in December 1970. The child then joined his mthcr who has
         providad the employee witi, a nigned nfidavit' that Vi4n allowed by thn
         Governmentl the child tins her porminolon to mai-amd %&h his father agaf.n
         for an ludeflinite period t tine. PMr. Hillcr clKim s T ni entitled to
         SMA for his con for thu period he has been Etatioled .n Vietnam.

             Mr. A. Haurice Pare received a final divorce deore; in Dacember 1968
        which awarded tie paronta joint custody of their tour 'sraor children.
        The employee was transferred to Vietnam in ,Tune 1969>.flo claimt he is
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