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![handle is hein.gao/gaobadcge0001 and id is 1 raw text is:
DECISION
FILE:
B-183671
MATTER OF:
OIGEST:
THE COMPTROLLER GENERAL
OF THE UNITEDM STATES
1WASHINGTON, D. C. 20548
DATE:
Entitlement to basic allowance for quarters
while on active duty for training - Mr. Scott A.
Sherry
Where member of National Guard, ordered to
active duty for training for 30 days or more,
and entitled to BAQ at with dependent rate
authorized by 50 U.S.C. App. 2204, as amended
by section 207 of Public Law 92-129, failed to
make application for BAQ while serving on that
duty as required by footnote 1 of table 3-2-8,
DODPM, such claim must be denied.
This action is in response to a letter dated January 3, 1975,
from Allan Sherry, Esq., on behalf of Mr. Scott A. Sherry, requesting
reconsideration of the-settlemeat by our Transportation and Claims
Division, dated December 26, 1974, issued in Mr. Sherry's case,
which disallowed his claim for basic allowance for quarters (BAQ)
at the with dependent rate for the period November 14, 1971, through
January 31, 1972, while serving on active duty for training with
the Ohio National Guard.
The file reflects that the member, who was married in August 1970,
was ordered to serve on active duty for training for the period
August 12, 1971, through January 31, 1972.
Under the provisions of section 4 of the Dependents Assistance
Act of 1950, ch. 922, 64 Stat. 795, as amended, 50 U.S.C. App. 2204,
which were in effect at the time Mr. Sherry entered into an active
duty status, an enlisted member of the uniformed services in pay
grades E-1 through L-4 (4 years or less service), is entitled to
payment of the basic allowance for quarters at the with dependent
rate provided in 37 U.S.C. 403(a) for such periods as the enlisted
member has in effect an allotment of pay [class Q allotment] not
less than the sum of the basic allowance for quarters to which he
is entitled plus an additional amount specified in that section
(50 U.S.C. App. 2204), for the support of his dependents.
Subsection 403(g) of title 37, United States Code, provides
that the President may provide regulations for the administration of
37 U.S.C. 403. Pursuant to that authority, Executive Order No. 11,157,
June 22, 1964, was promulgated and, as amended, provides in section 407
thereof that tae Secretary concerned, with respect to the personnel
of tne uniformed services within his departiment, mzay prescribe such
supplementary regulations as he dec:ms necessary or desirable for
carrying out the Lxecutive order.](ViewImageLocal?handle=hein.gao/gaobadcge0001&div=1&collection=&method=preview&ext=.png&size=3)