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U.S. Code as of:
01/19/04
Section 427. Family separation allowance
(a) Entitlement to Allowance. - (1) In addition to any allowance
or per diem to which he otherwise may be entitled under this title
a member of a uniformed service with dependents is entitled to a
monthly allowance equal to $100 if -
(A) 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;
(B) he is on duty on board a ship away from the home port of
the ship for a continuous period of more than 30 days; or
(C) he is on temporary duty away from his permanent station for
a continuous period of more than 30 days and his dependents do
not reside at or near his temporary duty station.
(2) A member who becomes entitled to an allowance under this
subsection by virtue of duty prescribed in subparagraph (B) or (C)
of paragraph (1) for a continuous period of more than 30 days is
entitled to the allowance effective as of the earlier of -
(A) the first day of that period; or
(B) the first day the member ceased being entitled to a
previous allowance under this subsection by reason of the end of
duty prescribed in such subparagraphs, if the member ceased being
entitled to the previous allowance within 30 days before the
first day of that period.
(b) Entitlement When No Residence or Household Maintained for
Dependents. - An allowance is payable under subsection (a) even
though the member does not maintain for his primary dependents who
would otherwise normally reside with him, a residence or household,
subject to his management and control, which he is likely to share
with them as a common household when his duty assignment permits.
(c) Effect of Election to Serve Unaccompanied Tour of Duty. - (1)
Except as provided in paragraph (2) or (3), a member who elects to
serve a tour of duty unaccompanied by his dependents at a permanent
station to which the movement of his dependents is authorized at
the expense of the United States under section 406 of this title is
not entitled to an allowance under subsection (a)(1)(A).
(2) The prohibition in the first sentence of paragraph (1) does
not apply to a member who elects to serve an unaccompanied tour of
duty because a dependent cannot accompany the member to or at that
permanent station for certified medical reasons.
(3) The Secretary concerned may waive paragraph (1) in situations
in which it would be inequitable to deny the allowance to the
member because of unusual family or operational circumstances.
(d) Entitlement While Spouse Entitled to Basic Pay. - A member
married to another member of the uniformed services becomes
entitled, regardless of any other dependency status, to an
allowance under subsection (a) by virtue of duty prescribed in
subparagraph (A), (B), or (C) of paragraph (1) of such subsection
if the members were residing together immediately before being
separated by reasons of execution of military orders. Section 421
of this title does not apply to bar the entitlement to an allowance
under this section. However, not more than one monthly allowance
may be paid with respect to a married couple under this section.
(e) Temporary Increase in Authorized Amount of Allowance. - For
the period beginning on October 1, 2003, and ending on December 31,
2004, the monthly allowance authorized by subsection (a)(1) shall
be increased to $250.
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