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B-244912 1 (1992-08-21)

handle is hein.gao/gaobadodd0001 and id is 1 raw text is: II ComptroUer Genera of the United States Whlingon, DC. 20548 Decision Matter of: Lieutenant Steven M. Fitten, USCGR--Claim for Variable Housing Allowance File: B-244912 Date: August 21, 1992 DIGEST A member occupied Bachelor Officer Quarters and paid a service charge for maintenance of the quarters, He was entitled to Basic Allowance for Quarters (BAQ) only due to payment of child support. A member receiving BAQ solely for payment of child support is not entitled to a Variable Housing Allowance. DECISION The issue in this case concerns whether Lieutenant Steven M. Fitten, USCGR, is entitled to Variable Housing Allowance (VHA) while on active duty and residing in Bachelor Officer Quarters (BOQ) in Long Beach Naval Station, California, For the following reasons he is not entitled to VHA, Lieutenant Fitten resided in the BOO in 1990. During this petiod he received Basic Allowance for Quarters (BAQ) at the with-dependent rate because he was paying child support in appropriate amounts. While residing in the BOO he was billed a service charge of $8 per day. He contends that this charge was actually a rental charge and that as a result he is entitled to BAQ not only because of child support but also because he was renting quarters and therefore is entitled to VHA for the period he resided in the BOQ. He points out that the BOQ was built and is operated by a nonappropriated fund activity and thus charges assessed to hint were actually rental payments. He also notes that quarters in the BOO should be considered inadequate, therefore providing another reason for payment of BAQ. Members who are assigned to high cost areas in the United States may be entitled to VHA. Entitlement to VRA is dependent upon entitlement to BAQ. See 37 U.S.C. § 403a. However, a member who is entitled to BAQ only because he is 'The case was submitted to us by J.R. Dopler, Certifying Officer, USCG.

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