Request for Family Separation Allowance

A Marine disbursing officer requested an advance decision concerning the propriety of crediting a member with a Family Separation Allowance (FSA-R) while she is serving an overseas tour of duty away from her child and her husband. Her husband is also a Marine and is receiving a quarters allowance on behalf of their dependent child. It was noted that the law authorizes FSA-R to be paid only to a member with dependents. The member in this case is eligible for FSA-R only if her child may be properly regarded as her dependent. The child is already the dependent of her husband for quarters allowance purposes, and the question is raised whether she may also claim the child as her dependent for other military allowance purposes, including entitlement to FSA-R. The statutory purpose of the quarters allowance is to reimburse a service member for personal expenses incurred in acquiring non-Government housing when rent-free Government quarters, adequate for the member and his or her dependents, are not furnished. The separate and distinct purpose of FSA-R is to provide reimbursement for miscellaneous expenses involved in running a split household when a member is separated from his or her dependents due to military orders, and it is payable irrespective of the member's eligibility for a quarters allowance. When two service members have a child, that child becomes their joint dependent for purposes of establishing entitlement to allowance payments. Although both parents may not claim the child as a dependent for the same allowance payment where dual payments would result, it is permissible for one parent to claim the child as a dependent for the purpose of one allowance and for the other parent to claim the child for other allowances. In this case, therefore, the member is entitled to FSA-R as a member with dependents on the basis of her separation from her dependent child due to military orders. Payment may be made accordingly.