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B-201887 1 (1981-04-21)

handle is hein.gao/gaobadjib0001 and id is 1 raw text is: DECISION FILE: B-201887 /L77 c ZL--Z THE COMPTR LLER GENERAL OF THE UNITED STATES WASHINGTON. 0. C. 2054e DATE: April 21, 1981 MATTER OF: Captain Philip W. Holden, USA An Army member claims ntitlement to Family Separation Allowancea-type I and type II, on the basisT -at he was separated from his minor child due to orders assigning him to his new perma- nent duty station in Germany to which his dependent was not authorized con- current transportation. The member seeks to establish dependency as of the date he arrived at his new duty station when apparently the child previously had been considered the dependent of his wife, also a member of the Army. The member's orders show that a dependent's concurrent travel may well have been authorized had the member clarified the dependency and pursued travel authorization and, as a matter of fact, a few months later the dependent traveled with the mem- ber's wife to Germany upon her assign- ment there. In these circumstances, the separation between the member and his dependent may not be considered as enforced so as to authorize payment of the Family Separation Allowances. Captain Philip W. Holden, USA, appeals the denial by our Claims Division of his claim for Family Separation Allow- ances (FSA), type I and type II. We affirm the disallowance of Captain Holden's claim for the reasons discussed below. While stationed at the United States Army Field Artillery Center, Fort Sill, Oklahoma, Captain Holden received orders dated October 5, 1977, assigning him permanently to the 21st Replacement Battalion in Germany. Captain Holden lived at the Fort Sill facility with his wife, Captain Doris F. Holden, who was also assigned to Fort Sill, and their daughter, Vanessa, born on November 11, 1976. Those orders established his reporting date in Germany as February 15, 1978, and noted, among other things not relevant here, that he had been accorded dependent travel Code E which meant that his dependent was entitled to travel with him but c '&6F //Th' DIGEST:

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