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B-192969 1 (1978-12-15)

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         /. THE CO   i -=_R GENERtd
O .F TH                         10 STATES
/ vA S H   N G T 0 N  . , C . 2 o 5 4 G


FILE:   B-192969


DATE: D1cmbe  5,     17


P ATTER OF: Sergeant                    USAF


DIGEST:


1. An Air Force enlisted member paying
    child support pursuant to a separa-
    tion agreement placed the amount
    involved in an escrow account after
    his wife refused payments.. Those
    funds reverted to the member under
    the final divorce decree. Since the
    member did not contribute to the
    support of the child during the
    separation and since the member was
    relieved by the court of the obliga-
    tion to pay to his wife the funds
    held in escrow, the Air Force deter-
    mination that he was not entitled to
    basic allowance for quarters on be-
    half of dependents for that period is
    consistent with the Comptroller
    General decisions.


           2. Under 37 U.S.C. 403(h) (1976) determi-
               nations of dependency for basic allow-
               ance for quarters for enlisted members
               of the uniformed services may be made
               by the Secretary concerned, or his
               designee, and such determinations are
               final and not subject to review by the
               General Accounting Office or the courts,
               except in cases of fraud or gross
               negligence.

     This decision is in response to a request for advance
decision submitted by First Lieutenant John F. Kaiser, USAF,
Accounting and Finance Officer, 354th Tactical Fighting Wing,
Myrtle Beach Air Force Base, concerning the propriety of repay-
ment of Basic Allowance for Quarters (BAQ) to Sergeant
                         The request was assigned submission
No. DO-AF-1303 by the Department of Defense Military Pay and
Allowance Committee.

     In September 1975, Sergeant=    and his wife entered into a
separation agreement pursuant to which he agreed to pay his wife

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