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B-209105 1 (1983-04-22)

handle is hein.gao/gaobadlau0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OECISION OF THE UNITED STATES WASHINGTON. 0.C. 20549 FILE: B-209105 DATE: April 22, 1983 MATTER OF: Lieutenant Colonel Wayne C. Boyd, USA DIGEST: Military member is not entitled to the transportation expenses incurred by his dependent daughter when she traveled to his permanent duty station to assume residence with him because she was not in his custody and control on the effective date of his assignment to that post. This action responds to a request submitted by Captain Lewis Singleton, a finance and accounting officer of the Department of the Army, for an advance decision concerning the entitlement ef-Colonel Wayrfd'C. Boyd to the travel expenses incurred by h-ks dependent daughter when she traveled from Albuquerque, New Mexico, to Seoul, Korea, to assume residence with him. The request was assigned control number 82-21 by the Department of Defense Per Diem, Travel and Transportation Allowance Committee. Because Colonel Boyd's daughter was not under his legal custody when he was transferred to Korea, he is not entitled to the travel expenses claimed. Colonel Boyd was assigned to permanent duty at Seoul, Korea, in July 1980. At that time his daughter, Wendy Jo, was in the legal custody and control of her mother, pursu- ant to a custody decree entered on March 21, 1977, in the District Court of McKinley County, New Mexico. Colonel Boyd obtained joint custody of his daughter by order of the court on October 5, 1981. She then traveled to Seoul on November 14 and 15, 1981, to assume residence with her father. Travel of a member's dependents is govered by Chap- ter 7, Volume I of the Joint Travel Regulations (1 JTR), promulgated pursuant to 37 U.S.C. § 406 (1976). Paragraph M7000 of 1 JTR pertains to the transportation of dependents upon a member's permanent change of station. Subparagraph 20 of paragraph M7000 precludes payment of the transporta- tion expenses of dependent children if they were not under the legal custody and control of the member on the effec- tive date of his permanent change of station. 'Vt;

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