Claim for Dislocation Allowance

An Air Force director of accounting and finance requested a decision as to whether an Air Force member, legally separated from his wife, was entitled to dislocation allowance at the rate "without dependents" when she did not accompany him on a change to a new permanent duty station. The member submitted his claim "without dependents," but, in accordance with the applicable regulations, that claim was denied since he was married at the time of his move. Subsequent to the member's relocation and the denial of his claim, the applicable regulations were amended so that the definition of a "member without dependents" included a member whose dependents do not move at Government expense even though they are entitled to do so. The member resubmitted his claim after the effective date of this amendment, but it was again denied, because the member's change of station had occurred before that date. GAO noted that the issue in this case was whether a member, legally separated from his spouse, who was subject to a permanent change of duty station before the effective date of the amendment could, nevertheless, be defined as a "member without dependents" and be entitled to that rate of dislocation allowance if he resides in non-Government quarters at the new duty station. Prior to the enactment of the amendment in question, GAO had held that a member who is legally separated from his spouse before his permanent change of station is without dependents for dislocation allowances purposes. Since the member in this case was legally separated before his transfer, GAO found that the amendment was not necessary to define him as "without dependents." Accordingly, the voucher was returned for payment.