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B-201672 1 (1981-07-27)

handle is hein.gao/gaobacuvy0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20548 OMCE OF GENERAL COUNSEL In reply refer to B-201672 July 27, 1981 Captain DeLawrence W. Taylor 9347 Blue Oak Drive Orangevale, California 95662 Dear Captain Taylor: This letter is in response to yours of December 11, 1980, in which you request a Comptroller General decision regarding the propriety of the provisions of the Depart- ment of Defense Military Pay and Allowances Entitlements Manual (DODPM) which set forth the conditions under which a member assigned to Government quarters may claim basic allowance for quarters (BAQ) on behalf of his illegitimate child who is in the custody of another person. In your letter, you state that you have been judi- cially decreed to be the father of an illegitimate child and ordered by the court to pay child support. While living in non-Government quarters during your assignment to Mather Air Force Base, California, you received BAQ at the with dependents rate based on your illegitimate child being your dependent. However, during your assign- ment to Osan Air Base, Korea, where you resided in single- type Government quarters, you were denied BAQ based on your child because your monthly support payments were not equal to the BAQ at the with dependents rate, as required by DODPM paragraph 30238b. It is your contention that this provision discrimi- nates against military members who have illegitimate children because it requires that when such members occupy single-type Government quarters they must provide the child monthly support in an amount at least equal to the applicable BAQ at the with dependents rate, whereas member-parents of legitimate children are not required to provide child support in the amount of the entire BAQ, even though the member may be separated or divorced. You further contend that, inasmuch as a portion of your child support payments is made pursuant to an order of the court, you qualify for BAQ at the with dependents rate under DODPM paragraph 30236e (Change 57, October 26, 1979), which provides in pertinent part: ~/<4af11k1

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