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B-191819 1 (1979-03-23)

handle is hein.gao/gaobadhbk0001 and id is 1 raw text is: .- i DIGEST: AID employee was denied separate maintenance allowance (SMA) for wife during part of tour of duty in Vietnam because of breach in domestic relations. He was entitled to SMA until there was definitive evidence of a breach of domestic relations within the meaning of section 262. 31c of the Standardized Regulations (Government Civilians, Foreign Areas). Therefore, payment of SMA was proper only until the date his wife filed for a divorce, even though her petition for divorce was placed on the inactive court calendar for several months of the intervening year before a final divorce decree was granted. This action is in response to the request of Mr. Gordon V. Andruch, an employee of the Agency for International Development (AID), for reconsideration of the settlement of our Claims Division on December 5, 1977, which denied in part his claim for a separate maintenance allowance (SMA) while he was stationed in Vietnam during the period from March 18, 1967, through January 7, 1969. The settlement sustained the payment during the period from March 18, 1967, until January 8, 1968. The issues originally considered by our Claims Division related to Mr. Andruch's right to receive SMA for both his first and second wives and minor children associated with each marriage while in Vietnam, and his right to be reimbursed for Family Visi- tation Travel expenses. Of the issues raised in the original sub- mission, the only one that is still being contested by Mr. Andruch is whether or not his first wife may be included in computing his SMA for the period from January 8, 1968, the date that the first Mrs. Andruch filed a divorce action, until January 7, 1969, when Mr. Andruch's overseas tour of duty ended. At the time of Mr. Andruch's service in Vietnam, the appli- cable statutory regulation, Standardized Regulations (Government Civilian, Foreign Areas) § 262. 31c, simply stated that SMA could not be paid when there was a breach in domestic relations. That section was revised by TL:SR-239, October 28, 1973, so that it now provides, in pertinent part, that: 01R sw C THE COMVPTROLLER GENERAL DECISION :7 OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-191819 DATE: March 23, 1979 MATTER OF: Gordon . Andruc - Separate Maintenance Allowance

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