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B-195691 1 (1982-11-16)

handle is hein.gao/gaobadkso0001 and id is 1 raw text is: THE COMPTROLLER OENERALA I/9 OECISION • . OF THE UNITED STATES WASHINGTON. 0. C. 20548 - FILE: B-195691 DATE: November 16, 1982 MATTER OF: Lieutenant William R. Miller, United States Coast Guard Reserve DIGEST: A Coast Guard member without dependents on temporary additional duty is not entitled to a basic allowance for quarters when he is assigned to sea duty for a period of 3 months or more. See 37 U.S.C. 403(c) (1976). The issue is whether a member of the United States Coast Guard is entitled to receive payment of basic allowance for quarters as a member without dependents for the period he was assigned to temporary additional duty on board a United States vessel away from his permanent duty station. For the reasons stated below the basic allowance for quarters at the without dependent rate may not be paid for the period in question. This action is the result of an appeal by Lieutenant William R. Miller, USCGR, of a settlement of our Claims Group denying his claim for basic allowance for quarters for a period of sea duty in excess of 3 months. Lieutenant Miller is permanently stationed at the Coast Guard Aviation Training Center, Mobile, Alabama. He was assigned to temporary additional duty aboard the U.S.C.G.C. Polar Star (WAGB 10). His orders stated that the duration of the temporary additional duty was for an indeterminate period. Although Lieutenant Miller claims he expected to be at sea only 74 days, and thus not lose entitlement to the basic allowance for quarters, the actual duration of his sea duty was 92 days, causing the termination of the allowance pursuant, to 37 U.S.C. 403(c). Lieutenant Miller states that an emergency situation caused him to be ordered aboard the ship 18 days earlier than the originally scheduled departure date of February 15, 1980. As a result he had insufficient notice to sell or lease his home. Lieutenant Miller claims the denial of basic allowance for quarters is a hardship because he bears the expenses of maintaining the home at his permanent station whether or not he is on temporary additional duty. Under 37 U.S.C. 403(c), in effect at the time of the duty here involved, a member of a uniformed service without dependents is not entitled to a basic allowance for quarters while he is on sea duty. That subsection also provides that duty for a period of less than 3 months is not considered to be sea duty. 3 H-

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