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B-188979 1 (1979-11-15)

handle is hein.gao/gaobadivk0001 and id is 1 raw text is: COMPTROII ER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 20548 B-188979 November 15, 1979 James M. Peirce, President National Federation of Federal Efnployees --JOO/y 1016 16th Street, N.W. Washington, D.C. 20036 Dear Mr. Peirce: Reference is made to your letter of Au ust 30, 1979, file reference 1363-BH-52, concerning the &claim e$ pJ j for payment of separate maintenance allowancej-SM-A-). As stated in the letter of July 23, 1979, to which you refer, in both the statutory authorization and the implementing regulations, which were quoted at length in our decision B-188979, July 24, 1978, the word may is used rather than shall. The use of the word may thus leaves with the heads of the agency broad discretion in the implementation of tM §A0allowance. In the present case, the---OD and the Army have made a policy determination that an SMA will not be authorized for those employees who are assigned to a 24-month accompanied tour in Pusan, Korea, unless the employee is on a mandatory rotation program. When an employee elects to serve an unaccompanied tour because of personal reasons, e.g., medical situation of a dependent, the SMA is not. allowed. This policy is based on the rationale that an overseas tour for civilian employees of DOD is voluntary and employees may decline assignment for personal reasons. Thus, because of the discretionary nature of SMA, the question of its proper application is a matter for adminis- trative determination and we cannot question a determination made in the absence of evidence showing it clearly to be in error. Since the decision made in Mr. Ichiki's case was based upon a uniform policy applied by the Army, we must uphold the agency determination. 0078 17

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