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B-199758 1 (1981-07-15)

handle is hein.gao/gaobadjor0001 and id is 1 raw text is: B-199758 -1 MATTER OF: BAQ for Members on Temporary Duty, a Portion of Which Constitutes Sea Duty DIGEST: A member forfeits basic allowance for quarters (BAQ) for any period of sea duty for 3 months or more. 37 U.S.C. § 403(c). A member assigned to such sea duty is not entitled to receive BAQ when he begins temporary duty ashore, which interrupts his sea duty, unless the orders to perform shore duty effectively terminate the member's sea duty. When the shore duty is merely an adjunct to the sea duty and does not alter the nature of the temporary duty from sea duty to shore duty, then the entire period is considered sea duty. The Principal Deputy Assistant Secretary of Defense (Comptroller) has requested our decision on a member's entitlement to basic allowance for quarters (BAQ) during a period of temporary additional duty, a portion of which constitutes sea duty. The request has been assigned Committee Action Number 551 by the Department of Defense Military Pay and Allowance Committee. The questions arise because of the provision in 37 U.S.C. S 403(c) which requires that BAQ be terminated for members without dependents while they are on sea duty for a period of 3 months or more. The Committee is unsure of the application of our decision at 59 Comp. Gen. 192 (1980) which held that a Coast Guard member who was on sea duty for more than 3 months, with intermittent periods of a few days on shore, was not entitled to BAQ. The Committee states that it is not uncommon for aviation squadrons and embarked troops assigned to tempo- rary additional duty aboard a naval vessel to be ordered ashore to permit use of the vessel for other operational commitments. While these members are ashore they may be assigned duties that are not considered to be sea duty or field duty as defined by Executive order pursuant to 37 U.S.C. § 403(j). The Committee perceives an injustice to these members to be denied BAQ while performing tem- porary additional duty under conditions that are not considered to be sea or field duty.- x../- =, . ......,A- THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. 0.C. 20548 DATE: July 15, 1981 DECISION FILE:

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