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B-197144 1 (1980-07-22)

handle is hein.gao/gaobadikz0001 and id is 1 raw text is: 




STHE  COMPTROLLER GENE'RAL
  O F THE   UNITED S TATE a
VV/ \JA S  -fN G T 0N C. 2 C~


FILE: B-197144


DATE:  July 22, 1980


MATTER  OF:  Captain Earl A. Small, USAF


DIGEST:


Where the dependents of an Air Force
officer do not make a move in connection
with a permanent change of station (PCS)
until after the effective date of the PCS
at which time the member's spouse has been
granted a divorce and legal custody and
control of the dependent child had been
awarded to the spouse, the military officer
is not entitled to reimbursement for the
transportation of the former spouse or
dependent child and payment of a dislocation
allowance is limited to the without-dependent
rate.


     May the claim &   n Air Force officer for dependent
travel and dislocation allowance~be allowed where the
wife and minor child did not travel until 6 months after
the effective date of the member's permanent change-of-
station (PCS) orders at which time the wife was no longer
.a dependent because of a divorce and custody of the
child had been awarded to her?  As explained below, we
conclude that the member is not entitled to transporta-
tion expenses of his wife or child and the dislocation
allowance may only be paid at the without-dependent rate.

     This question.was presented as a request for an
advance decision from the Accounting and Finance Officer
at Castle Air Force Base (AFB), California, and has been
assigned. PDTATAC Control No. 79-41, by the Per Diem,
Travel and Transportation Allowance Committee.

     Captain Earl A. Small, USAF, was issued PCS orders
on March 1, 1978, from Fairchild AFB, Washington, to
Castle AFB, California, with an effective date of May 29,
1978.  Captain Small had been separated from his wife
since December 1977, and the orders of March 1978 did
not authorize the transportation of his wife and dependent
child.  The dependents remained in Spokane, Washington,
near Fairchild AFB and the member and his spouse were
divorced on October 12, 1978, in the State of Washington


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