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B-188481 1 (1977-12-29)

handle is hein.gao/gaobadfmc0001 and id is 1 raw text is: OECIION FILE: 318M01 I I~ C * - - F L - F-I * ( I Ir;,, 14; I '%IiI'~ THE COMPT.ROLLEN GENERAL OF *rU UNITMO ETATEN WASHINGTON. D.L. 2054B DATE: Dc 2 9 1977 MATTER OF: DOD MiMltary Pay ad Allowna Committee Action No. 35, Addenda A and B olm3EST: 1. When a member without dsp ents is offered as asalament to adequate Gov- eiament quarter. sad chooses not to occupy such qurters forpersonal reasons, he is considered to have been asuigned Goveramat quarters within the maui of ST U. L C. 403(W and Is !ot entitled to a Wi allowaace for anera (BAQ) aen It quartrs are uwbsequmay assimed to ather moem- ber. Therefore, since the member is not entitled to BAQ becAse of 31 U. S. C. 403(b). partial BA any be paid under 37 U.S SC. 1000(d) 3. A member c.psiae to sea duty who occupies Government family-type quarters masignid to his spouse whn the vessal is In port is assigned to qUrters On the vesel ad is con- sidered a member without depeVents vhtue of 37 U. s. C. 420 ()970). Trefore he is not entitled to BAQ uster 37 U. . C. 408(c), and is entitled to partial BA Q authorised by 3? U. S. 2. 1009(d). This action Is in repoinse to a request for advance derialon ItIom the Assistant Secretary of Datense (Comptroller) concerning entitla- meat to partial basic allowance for quarters (AQ). Questions have aitsen as a rwt at the emnctmet of section 303 of Public Law 94- 301, July 14, 1976. SOSStat. 33, 925. which added 37 U. S. C. 1009(a) - (f), Two questions together with discesions thereof are premented as addenda A and B to Department of Detnse Military Pay ad Allowance Committee Action No. 535. Decision B-188481, August 10. 11?% 50 Comp, Gen. SS4, was issued in response t' 4 other questions caceralag partial BAQ previously presented in Committee Action No. 535. djb J K. I r94 .4D I I F I

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