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B-175980, NOV 28, 1972

B-175980 Nov 28, 1972
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BECAUSE CLAIMANT WAS COMPELLED TO MAINTAIN A DEPENDENT ELSEWHERE THAN AT HIS POST. PAYMENT OF THE ALLOWANCE VOUCHER IS PROPER UNDER S.R. 262.1C(2). TO COMMANDING OFFICER: FURTHER REFERENCE IS MADE TO THE CLAIM OF MR. WOODRUFF WAS PAID A SMA FOR THE PERIOD JUNE 24. THE ALLOWANCE WAS THEN TERMINATED. WOODRUFF HAD BEEN NOTIFIED THAT FAMILY HOUSING WAS AVAILABLE AND IT WAS ASCERTAINED THAT HIS WIFE WOULD NOT JOIN HIM. WAS DISALLOWED BY OUR SETTLEMENT CERTIFICATE Z-2432302. NAVAL HOSPITAL WOULD NOT ACCEPT HER ON BASE UNTIL SHE WAS COMPLETELY CURED AS THE HOSPITAL DID NOT HAVE FACILITIES TO TAKE CARE OF ANY COMPLICATIONS WHICH MIGHT ARISE AFTER HER ARRIVAL. IT WAS DETERMINED THAT MR. WOODRUFF IS ENTITLED TO SMA IN ACCORDANCE WITH SECTION 262.1C(2) OF THE STANDARDIZED REGULATIONS (GOVERNMENT CIVILIANS.

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B-175980, NOV 28, 1972

RESIDENCE VOUCHER - OFF-BASE LIVING QUARTERS - ILLNESS OF DEPENDENT CONCERNING THE CLAIM OF WILLIAM T. WOODRUFF, AN EMPLOYEE OF THE PUBLIC WORKS DEPARTMENT, U.S. NAVAL STATION, GUANTANAMO BAY, CUBA, FOR SEPARATE MAINTENANCE ALLOWANCE AS AUTHORIZED BY 5 U.S.C. 5924(3). BECAUSE CLAIMANT WAS COMPELLED TO MAINTAIN A DEPENDENT ELSEWHERE THAN AT HIS POST, DUE TO A LACK OF FACILITIES TO ADEQUATELY TREAT THE ILL DEPENDENT, PAYMENT OF THE ALLOWANCE VOUCHER IS PROPER UNDER S.R. 262.1C(2).

TO COMMANDING OFFICER:

FURTHER REFERENCE IS MADE TO THE CLAIM OF MR. WILLIAM T. WOODRUFF, REFERENCE FR-10 (YHW:1B), 7240(W), CL. VOUCHER 186091, AN EMPLOYEE OF THE PUBLIC WORKS DEPARTMENT, U.S. NAVAL STATION, GUANTANAMO BAY, CUBA, FOR SEPARATE MAINTENANCE ALLOWANCE (SMA) AS AUTHORIZED BY 5 U.S.C. 5924(3).

THE RECORD INDICATES THAT, DUE TO LACK OF FAMILY HOUSING, MR. WOODRUFF WAS PAID A SMA FOR THE PERIOD JUNE 24, 1968, TO FEBRUARY 26, 1969. THE ALLOWANCE WAS THEN TERMINATED, IN ACCORDANCE WITH REGULATIONS OF THE DEPARTMENT OF THE NAVY, SINCE MR. WOODRUFF HAD BEEN NOTIFIED THAT FAMILY HOUSING WAS AVAILABLE AND IT WAS ASCERTAINED THAT HIS WIFE WOULD NOT JOIN HIM. SUBSEQUENTLY MR. WOODRUFF'S CLAIM FOR PAYMENT OF SMA AFTER FEBRUARY 26, 1972, WAS DISALLOWED BY OUR SETTLEMENT CERTIFICATE Z-2432302, MARCH 16, 1972. MR. WOODRUFF REQUESTED A REVIEW OF THE DISALLOWANCE BECAUSE HIS WIFE SUFFERED FROM CANCER AND THE COMMANDING OFFICER OF THE U.S. NAVAL HOSPITAL WOULD NOT ACCEPT HER ON BASE UNTIL SHE WAS COMPLETELY CURED AS THE HOSPITAL DID NOT HAVE FACILITIES TO TAKE CARE OF ANY COMPLICATIONS WHICH MIGHT ARISE AFTER HER ARRIVAL.

IN RESPONSE TO OUR REQUEST FOR A REPORT ON THE MATTER, YOUR OFFICE FORWARDED US A LETTER DATED AUGUST 25, 1972, FROM THE COMMANDING OFFICER, U.S. NAVAL STATION, GUANTANAMO BAY, CUBA, STATING THAT, UPON RECONSIDERATION, IT WAS DETERMINED THAT MR. WOODRUFF IS ENTITLED TO SMA IN ACCORDANCE WITH SECTION 262.1C(2) OF THE STANDARDIZED REGULATIONS (GOVERNMENT CIVILIANS, FOREIGN AREAS), AND THAT THE RESTORATION OF HIS GRANT OF SMA RETROACTIVELY TO FEBRUARY 27, 1969, APPEARS TO BE PROPER. THE STANDARDIZED REGULATION CITED PERMITS THE GRANTING OF A SMA WHENEVER THE HEAD OF THE AGENCY DETERMINES THE EMPLOYEE IS COMPELLED TO MAINTAIN A DEPENDENT ELSEWHERE THAN AT HIS POST BECAUSE OF LACK OF MEDICAL OR HOSPITAL FACILITIES IN THE AREA TO PROVIDE ADEQUATE TREATMENT REQUIRED FOR AN ILLNESS OF A DEPENDENT.

IN VIEW OF THE ABOVE, THE SMA MAY BE PAID ADMINISTRATIVELY TO MR. WOODRUFF, INCLUDING RETROACTIVE PAYMENTS FROM FEBRUARY 27, 1969, IF OTHERWISE PROPER.

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