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B-245318 1 (1992-09-30)

handle is hein.gao/gaobadoea0001 and id is 1 raw text is: 


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            Matter of: Chief Warrant Officer 2 Timothy J. Landgreen

            File!       B-245318

            Date:       September 30, 1992

            DIGEST

            A member who was ordered to make a local move from private,
            leased quarters to government housing was required to pay
            his landlord for rhe remaining 27 days under the lease. He
            and his dependents occupied government quarters during that
            period. Basic allowance for quarters and overseas housing
            allowance are payable for the 27 days, since the member was
            ordered to move into government quarters but still incurred
            rental expenses thereafter.

            DECISION

            This action is in response to a claim from Chief Warrant
            Officer 2 (CW02) Timothy Landgreen for payment of Overseas
            Housing Allowance (OHA) and Basic Allowance for Quarters
            (BAQ). As explained below, it is our view that payment of
            BAQ/OHA may be allowed under these circumstances.
            CWO2 Landgreen was issued a permanent change of station to
            Wiesbaden, West Germany, with the Army V Corps. Upon his
            arrival, he was notified that government quarters for his
            rank and family size were not available. He rented private
            housing on the local economy and was paid BAQ and OHA as
            provided under 37 U.S.C. §§ 403 and 405.
            In June 1989 he was notified that government quarters would
            be available in early July. He was told that he should sign
            up immediately for the government quarters and make the
            necessary arrangements for the movement of his household
            goods. He informed the housing official that his lease
            agreement had a 30-day notice termination clause and that
            his lease could not be terminated until July 31, 1989.

            The Housing Official informed CWO2 Landgreen that he would
            be reimbursed for the rent he had to pay for the remainder
            of the month if the landlord did not refund the rent up to
            his OHA limit. However, 1 waek before the scheduled move,

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