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B-176083 1 (1975-02-04)

handle is hein.gao/gaobadcqu0001 and id is 1 raw text is: 5 THE COMPTROLL-R GENERAL DECISION OF THE UNITED STATES WASHINGTON, D. C. 2054 FILE: DATE: February 4, 1975 MATTER 11+76083 Claim for additional basic allowance for DIGEST: quarters (BAQ) - Michael H. Stiles Claim of Air Force sergeant for payment of retroactive increase of BAQ authorized by Public Law 92-129, through November 14, 1971, end of 90 day wage-price freeze imposed by Executive Order No. 11,615, August 15, 1971, issued pursuant to Economic Stabilization Act of 1970 and the 1971 amendments thereto, on recon- sideration is denied since the legislative history of Public Law 92-129, indicated an awareness of and acceptance by Congress of the broad authority vested in President by ESA to freeze military pay and allowances at rates in effect prior to the wage-price freeze imposed by Executive Order No. 11,615. This action is in response to a letter dated November 8, 1974, from Mr. hichael H. Stiles, concerning his claim for additional basic allowance for quarters (8AQ) for the period of July 1, 1971, throuch November 13, 1971, under the provisions of title II of the act of September 28, 1971, Public Law 92-129, 85 Stat. 355, wherein he requests reconsideration of our decision B-176083, July 7, 1972 (52 Comp. Gen. 15). In that decision we took the position that in light of the broad authority vested in the President by the Economic Stabili- zation Act of 1970 Public Law 91-379, 84 Stat. 799, - the authority under which he froze military pay increases authorized by the act of September 28, 1971 - and in the absence of some specific statutory authority or le.gislative intent to the contrary, increases in military pay and allowances authorized by the act of September 28, 1971, were not payable for any period prior to November 14, 1971. Title II of the act of September 28, 1971 (Public Law 92-129), authorized increases in cuarters allowance for all military person* nel and increases in basic pay for those members in the lower grades with short periods of service, effective October 1, 1971, and

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