[Advance Decision Concerning Entitlement to Travel Expenses Incurred by Dependents]

A finance and accounting officer of the Army requested an advance decision concerning the entitlement of a member to travel expenses incurred by his daughter when she traveled from the United States to Korea to assume residence with him. At the time of his permanent duty assignment to Korea, she was in the legal custody of her mother. When the member obtained joint custody of his daughter, she traveled to Korea to assume residence with her father. Army travel regulations preclude payment of the transportation expenses of dependent children if they were not under the legal custody and control of the member on the effective date of his permanent change of station. Because the dependent was not under the member's legal custody when he was transferred to Korea, GAO held that his claim for his daughter's travel expenses may not be paid.