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B-201746 1 (1981-06-26)

handle is hein.gao/gaobadjna0001 and id is 1 raw text is: c~ 4 DECISION o UN IT~9 B-201746 YHE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D. C. 20548 DATE: June 26, 1981 BAQ for Coast Guard Members on Sea Duty Proposed amendment to Coast Guard regulations to authorize continuance of basic allowance for quarters (BAQ) to members without depend- ents, performing periods of temporary duty away from a permanent duty station to which they will return (temporary additional duty (TAD)) aboard a vessel at sea for 3 months or more is not authorized. 37 U.S.C'. 403(c) prohibits payment of BAQ to members on sea duty but provides that duty for a period of less than 3 months will not be considered sea duty. That provision makes no distinc- tion between temporary and permanent duty. Neither the statute nor the implementing Executive orders issued under 37 U.S.C. 403(g) define sea duty in a way to exclude TAD in Coast Guard vessels from definition of sea duty, nor do they permit the service Secretaries to define sea duty differently. This action is in response to a request from the Comptroller of the Coast Guard as to whether Coast Guard regulations may be amended to permit payment of a Basic Allowance for Quarters (BAQ) to members performing sea duty in the circumstances described in the submission. It is stated that the Coast Guard would like to amend its regulations to permit all members without dependents performing temporary additional duty (that is temporary duty after which they will return to the same permanent duty station) aboard a vessel to continue to receive BAQ, if previously entitled, regardless of the length of the temporary duty. To permit this it is proposed to amend the Coast Guard regulations to, in effect, exclude such temporary duty performed by such members from the definition of sea duty. It is our view that the pro- posed amendment would not be in accord with the applicable statute and Executive orders. The request for such amendment has apparently arisen because of problems encountered by members, without dependents, who are required to perform such temporary additional duty. It is reported that governing regulations require such a member's entitlement to BAQ to be temporarily discontinued during periods of temporary duty aboard a vessel, if the period /~~~ 7L~h/ ~.s It' FILE: MATTER OF DIGEST:

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