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B-195691 1 (1980-01-08)

handle is hein.gao/gaobadhvw0001 and id is 1 raw text is: .4 DECISION FILE: B-195691 J THE COMPTROLLER GENERAL S.~b OF THE UNITED STATES w A SH IN GTON, O.C. 20548 DATE: January 8, 1980 MATTER OF: Lieutenant William R. Miller, USCGR DIGEST:An amendment to Executive Order No. 11,157 by Executive, Order No. 12,094 redefined sea duty for basic allowance for quarters (BAQ) purposes; however, the amendment did not affect the Secretaries of the armed services authority to issue supplemental regulations not incon- sistent with the Executive orders. A Coast Guard member contends that he is entitled to receive BAQ in light of the new definition, while on sea duty for over 3 months, during which he spent a few days on shore. Since the claimant would not be entitled to receive BAQ under the supp4emental regulations issued by the Coast Guard and since those regulations rationally effectuate 37 U.S.C. 403(c) which prohibitspayment of BAQ to member without dependents who are on sea duty for 3 months or more, and the Executive orders, the claim is denied. - h The issue is whether ember of the United States Coast - Guard is e~nzit1ed---o--r.cei yfor ' quar-te (AQy's a member without dependents for the period he was deployed from his permanent duty statfon and was assigned to temporary additional duty (TAD) on board a United States vessel. For the reasons stated below BAQ at the without dependent rate may not be authorized for the period in question. The question was presented by letter from Mr. E.J. Rowe, Authorized Certifying Officer, United States Coast Guard, and was assigned Control No. ACO-CG-1330, by the Department of Defense Military Pay and Allowance Committee. Lieutenant William R. Miller, United States Coast Guard Reserve, is attached to the Polar Operations Division permanently stationed at the Coast Guard Aviation Training Center, Mobile, Alabama. As part of his duties with the Polar Operations Division he is routinely deployed on TAD to a vessel for extended periods of time. In the present situation, he was deployed, as a member of a helicopter detachment, on TAD

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