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B-240236 1 (1991-09-12)

handle is hein.gao/gaobadnzr0001 and id is 1 raw text is: 



~iaa    Comptroller General
        of the United Sbta

        Decision



        Matter of: Technical Sergeant Fred D. Walker, USAF -
                     Claims for BAQ and VRA at the with-dependent
                     rate

         rile;       B-240236
         Date:       September 12, 1991

         DIQGfS

         1, A member with dependents is entitled to a basic allowance
         for quarters at the with-dependent rate (BAQ-W) when
         adequate government quarters are not provided for him and his
         dependents.  A divorced member may qualify fornBAQ-Wfor a
         child living with the member's former spouse in private
         quarters if he pays child support in an amount at least equal
         to the difference between BAQ at the with- and without-
         dependents rates.
         2. The cost of maintaining a separate residence for the times
         when the member has custody of the child may not be used
         instead of or in addition to support payments to qualify for
         BAQ-W.

         3. A divorced member who is entitled to a variable housing
         allowance (VHA) may receive the higher rate for a member with
         dependents (VHA-W) for continuous periods in excess of
         3 months when his child is living with him. The costs of
         maintaining a home for the child's visits does not entitle him
         to VHA-W when the child is living with the member's former
         spouse or visiting the member for shorter periods.

         DECISION

         We have been asked to render an advance decision on the claim
         of Technical Sergeant Fred D. Walker, USAF, for basic
         allowance for quarters (BAQ) and Variable Housing Allowance
         (VRA), both at the rates for a member with dependents (BAQ-W
         and VHA-W).1/  VHA is provided to assist members entitled to
         BAQ to defray housing costs in high housing-cost areas.    In
         connection with this claim, we have also been asked a series
         of questions regarding the entitlement to BAQ-W of divorced
         service members who share custody of their children. For the
         reasons presented below, Sergeant Walker is not entitled to


         i/ The Department of Defense Military Pay and Allowance
         Committee has assigned the number DO-AF-1502 t   the request.

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