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B-209744 1 (1983-02-01)

handle is hein.gao/gaobadkwd0001 and id is 1 raw text is: DECIOION THE COMPTROLLER GENERAL OF THE UNITIED BTATIEU WASHINGTON, 0,, 9054 FILE: B-209744 MATTER OF: Basic Allowance # (With-Dependent DATE: February for Quarters Rate) i 1983 DIGEST: Military member claims basic allowance for quarters at the with-dependent rate on account of her husband, a military member who is not entitled to pay and allowances due to his being in confinement under a 15-year prison sentence, The quarters allowance at the with-dependent rate is not authorized. The member may no longer be considered to have a dependent for quarters allowance purposes since the dependent will be absent for an extended period of time and the member is for all practical purposes absolved of the responsibility of providing quarters for her husband for the duration of his confinement. In this case a military member claims her husband as a dependent for basic allowance for quarters at the with- dependent rate. Her husband, a military member who is not entitled to pay and allowances because of civil con- finement, has been sentenced to 15 years imprisonment. The question presented concerns the wife's entitlement to the quarters allowance at the with-dependent rate during the period of her husband's confinement. We find that the wife is not entitled to the allowance at the with- dependent rate. This question was presented upon a request for an advance decision from an Air Force Accounting and Finance Officer, Detachment 1, 76th Airlift Division, Bolling Air Force Base, Washington, D.C., and forwarded here by Head- quarters Air Force. It has been assigned submission num- ber DO-AF-1409 by the Department of Defense Military Pay and Allowance Committee. Under 37 U.S.C. S 403 (Supp. IV, 1980), entitlement to basic allowance for quarters accrues to every member regardless of sex or grade by virtue of his or her status as a member of the uniformed services provihed the mem- ber is not furnished Government quarters. Matter of Sandkulla, 59 Comp. Gen. 681 (1980); Matter ot Disloca- tTiFn Allwance, 56 Comp. Gen. 46,.48 (1976). A rem67

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