B-152987, FEBRUARY 12, 1964, 43 COMP. GEN. 547

B-152987: Feb 12, 1964

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WHO ARE DEPENDENTS PERMITTED AT THE MEMBER'S OVERSEAS STATION WHEN APPROVED BY THE OVERSEAS COMMANDER. TRANSPORTATION IS AUTOMATICALLY AUTHORIZED WHEN REQUESTED. WHEN THE DELAY BETWEEN THE DATE OF THE DEPARTURE OF A MEMBER OF THE UNIFORMED SERVICES FROM HIS OLD STATION TO AN OVERSEAS STATION AT WHICH HIS DEPENDENTS ARE PERMITTED AND THE DATE THE DEPENDENTS JOIN THE MEMBER IS AN UNREASONABLE DELAY CAUSED BY THE GOVERNMENT OR ITS AGENTS AND IS NOT DUE TO PERSONAL CAUSES. 1964: REFERENCE IS MADE TO LETTER OF DECEMBER 17. REQUESTING DECISION WHETHER PAYMENT OF FAMILY SEPARATION ALLOWANCE IS AUTHORIZED UNDER THE CIRCUMSTANCES SET FORTH IN COMMITTEE ACTION NO. 334 OF THE DEPARTMENT OF DEFENSE.

B-152987, FEBRUARY 12, 1964, 43 COMP. GEN. 547

FAMILY ALLOWANCES - SEPARATION - DEPENDENT TRANSPORTATION DETERMINATION COMMAND SPONSORED DEPENDENTS. FAMILY ALLOWANCES - SEPARATION - DEPENDENT TRANSPORTATION DETERMINATION - DELAY IN VIEW OF THE FACT THAT COMMAND SPONSORED DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES, WHO ARE DEPENDENTS PERMITTED AT THE MEMBER'S OVERSEAS STATION WHEN APPROVED BY THE OVERSEAS COMMANDER, MAY BE GIVEN AUTHORITY TO MOVE OVERSEAS PROMPTLY UPON REQUEST BY THE MEMBER AND, IN SOME CIRCUMSTANCES WITHOUT APPROVAL OF THE OVERSEAS COMMANDER, TRANSPORTATION IS AUTOMATICALLY AUTHORIZED WHEN REQUESTED, SUCH COMMAND SPONSORED DEPENDENTS MAY NOT BE REGARDED AS DEPENDENTS NOT AUTHORIZED TRANSPORTATION TO THE OVERSEAS STATION WITHIN THE MEANING OF THE FAMILY SEPARATION ALLOWANCES PROVISIONS OF 37 U.S.C. 427 (B) (1) UNTIL THE MEMBER HAS APPLIED FOR AND BEEN REFUSED AUTHORIZATION TO BRING HIS DEPENDENTS TO THE OVERSEAS STATION, AND, THEREFORE, FAMILY SEPARATION ALLOWANCE MAY NOT BE AUTOMATICALLY PAID TO MEMBERS FOR COMMAND SPONSORED DEPENDENTS PRIOR OR SUBSEQUENT TO THE APPROVAL OF THE OVERSEAS COMMANDER. WHEN THE DELAY BETWEEN THE DATE OF THE DEPARTURE OF A MEMBER OF THE UNIFORMED SERVICES FROM HIS OLD STATION TO AN OVERSEAS STATION AT WHICH HIS DEPENDENTS ARE PERMITTED AND THE DATE THE DEPENDENTS JOIN THE MEMBER IS AN UNREASONABLE DELAY CAUSED BY THE GOVERNMENT OR ITS AGENTS AND IS NOT DUE TO PERSONAL CAUSES, THE DEPENDENTS MAY BE REGARDED AS NOT BEING AUTHORIZED TRANSPORTATION TO THE OVERSEAS STATION WITHIN THE MEANING OF THE FAMILY SEPARATION ALLOWANCE PROVISIONS OF 37 U.S.C. 427 (B) (1), AND FOR SUCH UNDUE DELAY REGULATIONS TO AUTHORIZE PAYMENT OF THE FAMILY SEPARATION ALLOWANCE WOULD NOT BE IMPROPER.

TO THE SECRETARY OF DEFENSE, FEBRUARY 12, 1964:

REFERENCE IS MADE TO LETTER OF DECEMBER 17, 1963, FROM THE ASSISTANT SECRETARY OF DEFENSE (COMPTROLLER), REQUESTING DECISION WHETHER PAYMENT OF FAMILY SEPARATION ALLOWANCE IS AUTHORIZED UNDER THE CIRCUMSTANCES SET FORTH IN COMMITTEE ACTION NO. 334 OF THE DEPARTMENT OF DEFENSE, MILITARY PAY AND ALLOWANCE COMMITTEE.

THE QUESTIONS PRESENTED IN THE COMMITTEE ACTION ARE:

1. MAY FAMILY SEPARATION ALLOWANCE AUTHORIZED UNDER SECTION 427 (B) (1) OF TITLE 37, U.S. CODE, BE PAID FOR "COMMAND SPONSORED DEPENDENTS" FOR PERIODS PRIOR AND SUBSEQUENT TO THE DATE THE DEPENDENTS ARE "ENDORSED" BY THE OVERSEAS COMMANDER UNDER THE CIRCUMSTANCES SET FORTH IN DISCUSSION IN PARAGRAPHS 2, 3, 4 AND 5?

2. IF A MEMBER'S DEPENDENTS ARE AUTHORIZED TO TRAVEL CONCURRENTLY WITH HIM TO HIS OVERSEAS STATION BUT DO NOT PERFORM THE TRAVEL CONCURRENTLY, MAY THE MEMBER BE PAID FAMILY SEPARATION ALLOWANCE UNDER 37 U.S.C. 427 (B) (1) FOR THE PERIOD PRIOR TO THE DEPENDENTS ARRIVAL AT HIS OVERSEAS STATION?

THE ENUMERATED PARAGRAPHS IN THE DISCUSSION ARE AS FOLLOWS:

2. GENERALLY, UNDER THE DEPARTMENT OF DEFENSE DIRECTIVE (NO. 1315.7, APRIL 6, 1963) THE LENGTH OF AN OVERSEAS TOUR OF DUTY IS LONGER FOR MEMBERS ACCOMPANIED BY DEPENDENTS THAN FOR MEMBERS ,UNACCOMPANIED" BY DEPENDENTS. THE DIRECTIVE RECOGNIZES TWO TYPES OF DEPENDENTS, A (1) "COMMAND SPONSORED DEPENDENT" AND (2) "INDIVIDUAL SPONSORED DEPENDENT.' THE FIRST TYPE OF DEPENDENT IS ONE FOR WHOM THE MEMBER IS ENTITLED TO TRANSPORTATION AT GOVERNMENT EXPENSE TO THE OVERSEAS STATION AND IS "ENDORSED" BY THE APPROPRIATE MILITARY COMMANDER TO BE IN A MILITARY DEPENDENT'S STATUS; THE SECOND TYPE IS A DEPENDENT FOR WHOM THE MEMBER IS NOT ENTITLED TO TRANSPORTATION AT GOVERNMENT EXPENSE (E-4 WITH LESS THAN 4 YEARS' SERVICE) OR WHO ENTERS THE COMMAND WITHOUT INDORSEMENT OF THE APPROPRIATE OVERSEAS COMMANDER. CLEARLY, FAMILY SEPARATION ALLOWANCE AUTHORIZED BY SECTION 427 (B) (1) WOULD NOT BE PAYABLE UNDER THE CIRCUMSTANCES IN THE SECOND TYPE CASE. IT SEEMS REASONABLY CLEAR WITH RESPECT TO THE FIRST TYPE CASE ("COMMAND SPONSORED DEPENDENT") THAT THE MEMBER WOULD BE ENTITLED TO FAMILY SEPARATION ALLOWANCE UNDER SECTION 427 (B) (1) PRIOR TO THE DATE OF ENDORSEMENT BY THE OVERSEAS COMMAND AND PROBABLY UNTIL ARRIVAL OF DEPENDENTS AT THE OVERSEAS STATION. IN THIS CONNECTION, PARAGRAPH V.C.5. OF THE DIRECTIVE SPECIALLY PROVIDES THAT PERSONNEL OTHERWISE ENTITLED TO TRANSPORTATION AT GOVERNMENT EXPENSE WILL NOT BE ENTITLED TO TRANSPORTATION TO OVERSEAS DUTY STATIONS "UNLESS THEY ARE AUTHORIZED BY THE APPROPRIATE MILITARY COMMANDER TO HAVE THEIR DEPENDENTS PRESENT IN THE VICINITY OF THEIR DUTY STATIONS.' IT WOULD SEEM TO BE REASONABLY WITHIN THE INTENT AND SPIRIT OF THE LAW, TO CONTINUE PAYMENT OF THE FAMILY SEPARATION ALLOWANCE UNTIL THE ARRIVAL OF THE DEPENDENTS AT THE MEMBER'S OVERSEAS DUTY STATION.

3. IT IS READILY APPARENT THAT SOME DELAY NECESSARILY IS INVOLVED BETWEEN THE DATE THE OVERSEAS COMMANDER "ENDORSES" THE PRESENCE OF DEPENDENTS AT THE OVERSEAS STATION AND THE DATE OF ARRIVAL OF THE DEPENDENTS AT THE OVERSEAS STATION BECAUSE OF TIME INVOLVED IN DISPOSING OF THE MEMBER'S HOUSE, AVAILABILITY OF TRANSPORTATION, SICKNESS IN THE FAMILY, AWAITING THE END OF THE SCHOOL YEAR IN ORDER FOR CHILDREN TO COMPLETE THAT YEAR'S SCHOOLING, ETC. WHILE IT IS REALIZED THAT SOME ELEMENT OF "ENFORCED" SEPARATION MUST BE INVOLVED IN ORDER TO BE ENTITLED TO THE ALLOWANCE, TO CONSTRUE "ENFORCED" TO RELATE ONLY TO CASES WHERE SPECIFIC ORDERS DIRECT SEPARATION, AND ANY ATTEMPT TO PINPOINT PERIODS OF "DIRECTED" SEPARATION FROM PERIODS OF "NON-DIRECTED" SEPARATION WOULD NOT ONLY BE INEQUITABLE BUT WOULD IMPOSE AN ALMOST IMPOSSIBLE ADMINISTRATIVE BURDEN ON PERSONNEL AND FINANCE OFFICERS.

4. IN SOME CASES, UPON RECEIPT OF ENDORSEMENT BY THE MILITARY COMMANDER FOR DEPENDENTS TO BE IN THE AREA, THE MEMBER MAY NOT HAVE THE REQUIRED 12 MONTHS REMAINING ON HIS OVERSEAS TOUR OF DUTY AND, THEREFORE,WILL NOT BE AUTHORIZED TRANSPORTATION OF HIS DEPENDENTS AT GOVERNMENT EXPENSE TO THE OVERSEAS AREA. (PARAGRAPH V.C.11 OF THE DIRECTIVE). IN SUCH CASES, UNLESS THE MEMBER INCREASES HIS OVERSEAS COMMITMENT HE IS IN FACT INVOLUNTARY SEPARATED FROM HIS DEPENDENTS AND IT WOULD APPEAR THAT THE MEMBER WOULD BE ENTITLED TO FAMILY SEPARATION ALLOWANCE.

5. IN OTHER CASES, THE MEMBER MAY BE AUTHORIZED (AT LEAST 12 MONTHS REMAINING ON HIS OVERSEAS TOUR OF DUTY AND "COMMAND SPONSORED DEPENDENTS") TRANSPORTATION OF DEPENDENTS BUT DECIDES, FOR PERSONAL REASONS, SHORTLY AFTER THE OVERSEAS COMMANDER "ENDORSES" THE DEPENDENTS TO BE PRESENT AT THE DUTY STATION THAT HE DESIRES TO SERVE THE "SHORT" OR "UNACCOMPANIED TOUR.' IN SUCH CASES, ASSUMING THAT THE COMMANDING OFFICER CONCURS IN THE MEMBER'S DECISION, THE MEMBER WOULD NOT BE AUTHORIZED TRANSPORTATION OF DEPENDENTS TO HIS OVERSEAS STATION SINCE HE IS ON THE "SHORT" OR ,UNACCOMPANIED TOUR.' IN SUCH EVENT, IT APPEARS THAT HE WOULD BE ENTITLED TO FAMILY SEPARATION ALLOWANCE.

IT IS SAID IN THE DISCUSSION THAT ASSIGNMENTS OF MILITARY PERSONNEL TO OVERSEAS AREAS GENERALLY ARE INVOLUNTARY, REGARDLESS OF THE INDIVIDUAL'S PERSONAL DESIRES, THE LENGTH OF OVERSEAS TOURS HAVING BEEN FIRST PRESCRIBED BY THE SECRETARY OF DEFENSE IN 1957 (LONG BEFORE THE ENACTMENT OF THE FAMILY SEPARATION PROVISION IN PUBLIC LAW 88-132, OCTOBER 2, 1963, 37 U.S.C. 427). IT IS STATED THAT IT HAS BEEN THE POLICY OF THE DEPARTMENT OF DEFENSE THAT PERSONNEL NOT ACCOMPANIED OR JOINED BY THEIR DEPENDENTS WOULD SERVE SHORTER OVERSEAS TOURS THAN PERSONNEL WITH THEIR DEPENDENTS PRESENT AT, OR IN THE VICINITY OF, THEIR DUTY STATION, IT HAVING BEEN THE ASSUMPTION OF THE DEPARTMENT OF DEFENSE THAT PERSONNEL WHO ARE NOT ACCOMPANIED OR JOINED BY THEIR DEPENDENTS ARE REQUIRED TO SO SERVE BECAUSE OF ADVERSE MILITARY CONDITIONS, LACK OF DEPENDENT SUPPORT FACILITIES IN THE OVERSEAS AREA, OR OTHER EXIGENCIES OF THE SERVICE. IS SAID THAT THE ADEQUACY OR INADEQUACY OF DEPENDENT SUPPORT FACILITIES AT A PARTICULAR LOCATION MAY VARY FROM CASE TO CASE, DEPENDING UPON THE INDIVIDUAL NEEDS OF EACH SERVICE FAMILY. IT IS ALSO SAID THAT, EVEN IN CASES DISCUSSED IN PARAGRAPH 5 ABOVE, AN INDIVIDUAL'S DESIRES, OR ELECTION OPTION, IS LIMITED IN THAT STAFFING OF OVERSEAS UNITS REQUIRES CONSIDERABLE LEAD TIME AND THUS, IF CIRCUMSTANCES PREVENT AN INDIVIDUAL SERVICEMAN FROM BEING JOINED BY HIS DEPENDENTS BEFORE THE TIME ARRIVES THAT A REPLACEMENT MUST BE SELECTED FOR HIS POSITION AND HIS NEXT ASSIGNMENT DETERMINED, HIS COMMANDING OFFICER MAY, AND PROBABLY WOULD, DISAPPROVE THE MOVEMENT OF DEPENDENTS TO THE OVERSEAS STATION AND REQUIRE THE SERVICEMAN TO COMPLETE THE SHORTER UNACCOMPANIED TOUR. ADDITIONALLY IT IS STATED THAT ECONOMIES RESULT WHEN MILITARY PERSONNEL SERVE UNACCOMPANIED TOURS AT OVERSEAS STATIONS (SAVINGS IN TRAVEL COSTS OF DEPENDENTS AND OVERSEAS STATION ALLOWANCES, ETC.), AND THAT A REDUCTION IS ACHIEVED IN INDIVIDUAL EXPENDITURES ON THE FOREIGN ECONOMY. BASED ON SUCH CONSIDERATION, IT IS URGED THAT THE PROVISIONS OF THE DEPARTMENT OF DEFENSE DIRECTIVE SHOULD BE REGARDED AS BARRING THE TRANSPORTATION OF DEPENDENTS TO OVERSEAS AREAS UNTIL SUCH TRANSPORTATION HAS BEEN APPROVED BY THE PROPER OVERSEAS COMMANDER.

SECTION 427 (B) (1) OF TITLE 37, U.S. CODE, AUTHORIZES PAYMENT OF A MONTHLY ALLOWANCE OF $30 TO CERTAIN MEMBERS ENTITLED TO BASIC ALLOWANCE FOR QUARTERS FOR DEPENDENTS IF:

(1) THE MOVEMENT OF HIS DEPENDENTS TO HIS PERMANENT STATION OR A PLACE NEAR THAT STATION IS NOT AUTHORIZED AT THE EXPENSE OF THE UNITED STATES UNDER SECTION 406 OF THIS TITLE AND HIS DEPENDENTS DO NOT RESIDE AT OR NEAR THAT STATION; * * *

THE LEGISLATIVE HISTORY OF SECTION 427 (B) SHOWS THAT THE RATIONALE OF THE ALLOWANCE IS THAT ,ENFORCED SEPARATIONS" OF SERVICEMEN FROM THEIR FAMILIES CAUSE ADDED HOUSEHOLD AND FAMILY EXPENSES WHERE THE MEMBER IS ABSENT FOR ANY SUBSTANTIAL PERIOD OF TIME. (PAGE 25 OF S.REPT.NO. 387, TO ACCOMPANY H.R. 5555, WHICH WAS ENACTED AS PUBLIC LAW 88-132.)

SECTION 406 OF TITLE 37, U.S. CODE, PROVIDES IN EFFECT THAT A MEMBER OF THE UNIFORMED SERVICES WHO IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION IS ENTITLED TO TRANSPORTATION IN KIND FOR HIS DEPENDENTS, REIMBURSEMENT THEREFOR OR A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION, SUBJECT TO SUCH CONDITIONS AND LIMITATIONS, FOR SUCH GRADES AND RATINGS, AND TO AND FROM SUCH PLACES AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED. THE CONDITIONS AND LIMITATIONS ARE SET FORTH IN CHAPTER 7 OF THE JOINT TRAVEL REGULATIONS. IN ADDITION, THE SECRETARY OF DEFENSE, BY DEPARTMENT OF DEFENSE DIRECTIVE 1315.7, APRIL 6, 1963 (REFERRED TO ABOVE IN THE QUOTED PARAGRAPH 2 OF THE DISCUSSION), HAS PRESCRIBED CERTAIN CRITERIA WITH RESPECT TO LENGTHS OF OVERSEAS TOURS OF DUTY OF MILITARY PERSONNEL AND HAS IMPOSED CERTAIN CONDITIONS AND LIMITATIONS PERTAINING TO TRAVEL OF DEPENDENTS TO OVERSEAS AREAS. THE PRESCRIBED TOUR OF DUTY AT THE VARIOUS OVERSEAS STATIONS RANGES FROM 6 MONTHS TO 24 MONTHS LONGER WHEN THE MEMBER IS ACCOMPANIED BY HIS DEPENDENTS, THE SHORTER UNACCOMPANIED TOUR BEING PRESCRIBED IN ORDER TO REDUCE THE PERIOD OF FAMILY SEPARATION. ALSO EACH OF THE ARMED SERVICES HAS ISSUED REGULATIONS RELATIVE TO THE MOVEMENT OF DEPENDENTS OVERSEAS AND IT IS NOTED THAT THE REGULATIONS ARE NOT UNIFORM IN ALL RESPECTS. PARAGRAPH 7008-2B OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT TRAVEL OF DEPENDENTS TO AN OVERSEAS STATION WILL NOT BE AUTHORIZED UNLESS 12 MONTHS REMAINS IN THE MEMBER'S TOUR OF DUTY AT THAT STATION ON THE DATE OF THE SCHEDULED ARRIVAL OF THE DEPENDENTS AT THAT STATION. A SIMILAR PROVISION APPEARS IN SUBSECTION V.C.11, DEPARTMENT OF DEFENSE DIRECTIVE 1315.7.

CLAUSE (1) OF SECTION 427 (B) LISTS TWO RESTRICTIONS ON THE PAYMENT OF FAMILY SEPARATION ALLOWANCE TO A MEMBER WHO OTHERWISE QUALIFIES FOR THE $30 ALLOWANCE, NAMELY (1) THAT THE MOVEMENT OF HIS DEPENDENTS TO HIS PERMANENT STATION OR A PLACE NEAR THAT STATION IS NOT AUTHORIZED AT GOVERNMENT EXPENSE UNDER 37 U.S.C. 406 AND (2) THAT HIS DEPENDENTS DO NOT RESIDE AT OR NEAR THAT STATION. IT IS TO BE NOTED THAT IDENTICAL PROVISIONS ARE CONTAINED IN CLAUSE (1) OF SECTION 427 (A) RESTRICTING THE PAYMENT OF THE ALLOWANCE THERE AUTHORIZED.

IT IS OUR UNDERSTANDING THAT, GENERALLY, THE SERVICES DO NOT ORDER MEMBERS ON PERMANENT ASSIGNMENTS TO OVERSEAS STATIONS TO SERVE A SPECIFIED PERIOD ON THE BASIS THAT THE MEMBER WILL BE ACCOMPANIED BY COMMAND SPONSORED DEPENDENTS, OR FOR A SHORTER PRESCRIBED PERIOD ON THE BASIS THAT HE WILL BE UNACCOMPANIED BY DEPENDENTS. RATHER, IT IS OUR UNDERSTANDING THAT THE USUAL PRACTICE IS FOR THE SERVICES SIMPLY TO ORDER THE MEMBER TO THE OVERSEAS STATION FOR PERMANENT DUTY WITHOUT SPECIFYING THE LENGTH OF THE TOUR THAT HE WILL SERVE. WHILE IN SOME CASES THE ORDERS PROVIDE THAT CONCURRENT TRAVEL OF THE DEPENDENTS IS NOT AUTHORIZED, WE UNDERSTAND THAT IN MANY INSTANCES ADVANCE APPROVAL OF THE OVERSEAS COMMANDER MAY BE OBTAINED AND CONCURRENT TRAVEL AUTHORIZED WHEN APPLIED FOR BY THE MEMBER. ALSO, IT IS OUR UNDERSTANDING THAT, WHEN APPLIED FOR BY THE MEMBER, AT LEAST SOME OF THE SERVICES AUTOMATICALLY AUTHORIZE CONCURRENT TRAVEL OF DEPENDENTS WHEN IT HAS BEEN ESTABLISHED THAT PERSONNEL BEING ASSIGNED TO A PARTICULAR AREA MAY HAVE THEIR DEPENDENTS ACCOMPANY THEM WITHOUT INDIVIDUAL APPROVAL OF THE OVERSEAS COMMANDER.

SINCE THE DEPARTMENT OF DEFENSE DIRECTIVE PRESCRIBES A SHORTER TOUR AT THE OVERSEAS STATION IF THE MEMBER IS NOT ACCOMPANIED BY HIS DEPENDENTS, EXCEPT IN SOME POSITIONS DESIGNATED AS KEY BILLETS AND LEAVES IT UP TO THE MEMBER TO DECIDE WHETHER TO APPLY FOR TRANSPORTATION OF HIS DEPENDENTS, HE MAY DECIDE FOR PERSONAL REASONS NOT TO REQUEST AUTHORITY TO TAKE HIS DEPENDENTS WITH HIM TO HIS STATION AND THUS SERVE A SHORTER TOUR AT THAT STATION. IF DEPENDENTS ARE PERMITTED AT THE STATION, HOWEVER, THERE IS NOTHING IN THE REGULATIONS TO PRECLUDE HIM FROM LATER REQUESTING APPROVAL TO BRING HIS DEPENDENTS THERE AND IT IS OUR UNDERSTANDING THAT, GENERALLY, UNTIL SUCH AN APPLICATION IS MADE BY THE MEMBER, NO DETERMINATION IS MADE BY THE OVERSEAS COMMANDER WHETHER OR NOT THE MEMBER WILL BE PERMITTED TO BRING HIS DEPENDENTS TO HIS STATION AT GOVERNMENT EXPENSE. INASMUCH AS THE AUTHORIZATION TO MOVE THE DEPENDENTS OVERSEAS MAY BE GIVEN PROMPTLY WHEN REQUESTED BY THE MEMBER, AND ESPECIALLY SINCE APPROVAL OF THE OVERSEAS COMMANDER IS NOT EVEN REQUIRED IN SOME CIRCUMSTANCES, TRANSPORTATION BEING AUTOMATICALLY AUTHORIZED WHEN REQUESTED, IT IS OUR VIEW, IF COMMAND-SPONSORED DEPENDENTS ARE OTHERWISE PERMITTED AT THE STATION, THAT UNTIL THE MEMBER HAS APPLIED FOR AND BEEN REFUSED AN AUTHORIZATION TO BRING HIS DEPENDENTS TO HIS STATION, THERE IS NO SOUND LEGAL BASIS TO CONCLUDE THAT THE MOVEMENT OF HIS DEPENDENTS TO HIS STATION IS NOT AUTHORIZED AT GOVERNMENT EXPENSE UNLESS THE MOVEMENT OF HIS DEPENDENTS TO HIS STATION IS PRECLUDED UNDER THE TERMS OF HIS ORDERS. IS TO BE NOTED THAT THE DEPARTMENT OF DEFENSE DIRECTIVE AND THE ADMINISTRATIVE REGULATIONS IMPLEMENTING IT WERE ISSUED PRIOR TO THE ENACTMENT OF SECTION 427 OF TITLE 37, U.S. CODE, AND OF COURSE, WERE NOT INTENDED TO AND DO NOT PRESCRIBE REGULATIONS WITH RESPECT TO PAYMENT OF THE FAMILY SEPARATION ALLOWANCE. IN SUCH CIRCUMSTANCES WE DO NOT BELIEVE THAT THE QUESTIONS PRESENTED FOR DECISION ARE PROPERLY FOR RESOLUTION ON THE BASIS OF THE DIRECTIVE AND ITS IMPLEMENTING SERVICE REGULATIONS BUT SHOULD BE RESOLVED BY THE ISSUANCE OF ADMINISTRATIVE REGULATIONS IN LINE WITH OUR VIEWS EXPRESSED ABOVE. SUCH REGULATIONS MAY BE MADE EFFECTIVE AS OF THE EFFECTIVE DATE OF SECTION 427. 32 COMP. GEN. 315. WE SHALL BE PLEASED TO COOPERATE WITH REPRESENTATIVES FROM YOUR DEPARTMENT IN THE PREPARATION OF APPROPRIATE REGULATIONS, AND WE WOULD NOT OBJECT TO PROVISIONS IN SUCH REGULATIONS WHICH WOULD AUTHORIZE PAYMENT OF THE ALLOWANCE FOR A PERIOD OF UNDUE DELAY BETWEEN THE DATE OF THE MEMBER'S DEPARTURE FROM THE OLD STATION AND THE DATE THE DEPENDENTS JOIN THE MEMBER AT HIS NEW STATION OVERSEAS TO THE EXTENT THAT SUCH UNREASONABLE DELAY IS CAUSED BY THE GOVERNMENT OR ITS AGENTS AND IS NOT DUE TO CAUSES PERSONAL TO THE MEMBER.